I. Objections, Offers of Proof and Foundations
- How timely and specific must objections be
- Use of motions in limine
- Preliminary fact questions
- Doctrine of limited admissibility
- The rule of completeness
II. Hearsay
- Definition: what it is and what it isn’t
- Privity admissions
- Statement against interest
- Prior consistent statements
- Statements made for purpose of diagnosis or treatment
- Public records
- Residual hearsay exception
- Confrontation: Crawford and its progeny
III. Relevance: Its Definition and Limitations
- Logical and legal relevance: Rules 401, 402, and 403
- Background facts
- Effect of stipulations
- Subsequent remedial measures
IV. Witness Examination
- The difference between refreshing and recorded recollection
- Impeachment by contradiction - collateral matters
- Limitations on impeachment of own witness
- Prior convictions to impeach the corporation
- Impeaching the hearsay declarant
- Summation comment on witness testimony
- Sequestration of witnesses
- Summaries of witness testimony and the Best Evidence Rule
V. Expert Witnesses
- History: periods of liberal admissibility; retrenchment and
uncertainty
- The subject matter of expert testimony
- Proper basis for expert opinion
- Foundation formalities
- Ultimate issue testimony
- Pretrial discovery of the expert
- The Daubert - Joiner - Kumho revolution
- The impact of amendments to Federal Rule 702 and 703 criteria for
admissibility of expert testimony
(Includes CD seminar and 371 pages of written material in PDF format on a word-searchable CD)
This seminar is worth 7.9 WV MCLE credits. | 
