Modern Trial Skills: How to Lay a Foundation, Avoid Hearsay, and Get Business Records, Social Media, and other ESI Into Evidence at Trial (2025 Edition)

This session covers the essential pre-foundational requirements of witness competence and evidence identification, followed by the five foundational elements remembered by the acronym OPRAH: Original Document Rule, Privilege, Relevance, Authenticity, and Hearsay. Attendees will learn strategic considerations for using single versus multiple witnesses and leveraging cross-examination to efficiently establish foundation.

This session provides a comprehensive breakdown of hearsay analysis, including the three core elements: whether something is a statement, whether it was made out of court, and whether it’s offered for truth. Participants will explore critical non-hearsay purposes such as state of mind, legal significance, and effect on listener, plus learn to distinguish between hearsay exclusions and exceptions.

This session focuses on the business records exception under Rule 803(6), one of the most commonly used hearsay exceptions in commercial litigation. Attendees will master the foundational elements required to admit ledgers, financial statements, reports, and other business documents, including contemporaneity, regular course of business, and regular practice requirements.

A short break to refresh before continuing with the afternoon sessions on digital evidence and modern trial strategies.

This session addresses the unique challenges of authenticating social media posts from platforms like Facebook, Instagram, and TikTok. Participants will learn how to establish both the genuineness of printouts and attribution to specific individuals while addressing concerns about hacking and impersonation.

This comprehensive session covers authentication paths for ESI including photographs, videos, emails, and text messages under Rules 901(b) and 902. Attendees will explore self-authentication through certification, judicial notice of ESI, and practical techniques for presenting digital evidence effectively at trial.

This concluding session synthesizes practical strategies for handling modern evidence, from choosing efficient authentication paths to using strategic stipulations. Participants will receive actionable tips for business records, ESI, text messages, and social media that can be immediately applied in their trial practice.