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Course Details

Course Information
  • smart_display Format

    On-Demand

  • signal_cellular_alt Difficulty Level

  • work Practice Area

    Class Action and Other Litigation

Date & Time
  • event Date

    Tuesday, May 12, 2020

  • schedule Time

    1:00 p.m. ET./10:00 a.m. PT

  • timer Program Length

    90 minutes

Credit Information

  • This 90-minute webinar is eligible in most states for 1.5 CLE credits.

$297.00
CLE
ALL

This CLE course will alert trial lawyers to the new opportunities and challenges presented by the Dec. 1, 2019, amendment to Federal Rule of Evidence 807 regarding the residual exception to the hearsay rule. The amendment relaxes some of the barriers to the admission of hearsay, and counsel must be aware of the changes.

Faculty

Caroline B. Smith
Attorney
Butler Snow

Ms. Smith is a member of Butler Snow’s litigation department and practices within the Commercial Litigation group. Prior to joining Butler Snow, she clerked for the Honorable Leslie H. Southwick of the United States Court of Appeals for the Fifth Circuit.

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Abigail Davis
Attorney
Skadden Arps Slate Meagher & Flom LLP

Ms. Davis represents U.S. and international clients in a wide variety of complex commercial disputes in both federal and state court. Shes has represented both plaintiffs and defendants in a broad range of litigations and arbitrations, including claims for breach of contract, fraud, breach of fiduciary duty and tortious interference. Ms. Davis also has experience representing clients in securities and bankruptcy litigation.

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Mindee J. Reuben
Counsel
Lite DePalma Greenberg & Afanador, LLC

Ms. Reuben represents plaintiffs across the country in a broad range of antitrust and consumer class action matters, regularly serving as lead, co-lead and liaison counsel and as a member of case-management committees in high-profile, multi-jurisdictional litigation.

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Description

Hearsay evidence is excluded except when it is subject to a specific exception. Recognizing unanticipated exceptions, the drafters of the Federal Rules of Evidence created a "residual exception" designed to allow courts to admit hearsay evidence that, though not identified in the rules, a jury should consider.

Until December 2019, a party could attempt to introduce inadmissible hearsay only if the out-of-court declaration was trustworthy, material, and served the interests of justice. The new amendment eliminates the requirement that the evidence must be material and the condition that the proffered evidence must serve the interests of justice. Only the materiality and trustworthiness requirements remain. Further, the pretrial notice requirements have been relaxed, and a cause exception to those requirements has been introduced.

Depending on the commentator, these rules are (1) an inappropriate dilution of the hearsay exception, (2) an opportunity for counsel to better develop the evidence at trial, or (3) some version of both.

Listen as this panel of trial evidence experts examines the changes to the rule and provides guidance on using the rule to introduce, or prevent the introduction of, hearsay evidence.

Outline

  1. Substantive changes
    1. Deletion of interest of justice requirement
    2. Increased importance of trustworthiness, materiality
  2. Process changes
    1. Changes to the content and type of notice
    2. Good cause exception
  3. Trial practice pointers

Benefits

The panel will review these and other notable issues:

  • What were the motivating factors behind the rule changes?
  • Are there pre-amendment cases that are helpful in understanding the amendment?
  • What types of evidence are most likely to survive objection?