Admissibility of Evidence at Trial: Overcoming the Challenges of Authentication, Relevance, Foundation and Hearsay

Evidentiary challenges largely center around the hearsay rules. Counsel must be able to successfully navigate hearsay evidence in pretrial motions and proceedings. Litigators must strategically approach the federal rules in responding to motions to dismiss, motions for summary judgment, and witness declarations and affidavits.

After hearsay, one of the most often cited rules of evidence is Rule 403—the prejudicial nature of the evidence. Other reasons for the exclusion include confusion of the issues, misleading the jury and undue delay.

Finally, foundation of evidence which is critical. This can include authentication of electronic discovery, social media sites, scene or product re-creations by experts, and foundations needed for animations, timelines, diagrams and other demonstrative evidence.

Listen as our authoritative panel of litigators discuss effective strategies for getting evidence admitted at trial, authenticating the evidence, proving its relevancy, establishing foundation and overcoming hearsay objections.

1. Relevance
2. Hearsay
   1. Common exceptions to hearsay rule
   2. Residual exception to the hearsay rule
   3. Getting hearsay admitted or making objections
3. Authentication
4. Foundation
5. Exclusion of evidence
   1. Rule 403: undue prejudice

The panel will review these and other key issues:

• What issues have proven most difficult for courts considering the authentication of evidence, particularly electronic media evidence?
• What are the most common pitfalls associated with hearsay evidence?
• What is the scope of the residual exception to the hearsay rule?
• What are effective arguments under Rule 403 for getting evidence excluded for undue prejudice?