Individual Viewer

Evidence from the Judges

6 hours

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Correctly understanding and applying the rules of evidence can have a profound effect on the outcome of a trial. The effective trial lawyer must know the rules of evidence and how to use them in court. OLI has assembled an outstanding faculty of trial and appellate judges who will not only share their thoughts and insights, but also provide updates on today’s most important evidentiary issues.

Friday, November 30, 2012
6 General or Practical Skills MCLE Credits

8:30–9:30        Witnesses Commenting on the Credibility of Other Witnesses
            Can one witness ever testify about the honesty or accuracy of another’s in- court or out-of-court statements?
            – Hon. Jeffrey S. Jones

9:30–10:15        Objecting at Trial “In the Moment” – The Basics
            This session covers the basics of spontaneous objecting at trial when your gut tells you opposing counsel has gone too far. It also focuses on how to get comfortable with objecting and provides an easy tool to help identify the proper evidentiary basis for your objections. This session will explore the differences between form and substance objections and reveal some of the things trial judges think about “in the moment” as they rule on your objections.
            – Hon. Susie L. Norby

10:15–10:30        break

10:30–11:15        Objecting at Trial to Pave the Way for Appeal
            This presentation addresses objecting from an appellate perspective, to help you understand how to make the best possible record for appeal. It focuses on the rules that require preservation of evidentiary error and helps you understand how to shape the timing and content of objections to pave the way for appellate review. Learn when to object, how specific your objection must be, when to make an offer of proof, and what to include in it.     
            – Hon. Jack L. Landau

11:15–12:00        Character Evidence
            What is character evidence and how is it different from impeachment evidence or evidence of habit or routine? How is a person’s character proven, including one’s character for truthfulness or untruthfulness? When is evidence of another crime, wrong, or other act admissible? In answering these questions, how do the federal rules of evidence differ from the Oregon rules, and how do civil trials differ from criminal trials?       
            – Hon. Michael H. Simon

12:00–1:00        lunch

1:00–2:00        Evidence Rules Outside the Code and Evidentiary Issues Outside of Trial
            A discussion of significant statutes governing evidence that are not found in the Oregon Rules of Evidence and situations in which the rules of evidence are applied outside of trial.
            – Hon. Janice R. Wilson

2:00–2:45        Opinion Evidence from Experts: Recent Developments
            This presentation will examine what the difference is between scientific and nonscientific expert opinion evidence and why it matters. It will also cover what type of expert opinion evidence might be required in a particular case and when courts should exclude expert opinion evidence offered by a party.
            – Hon Stephen K. Bushong

2:45–3:30        Appellate Update
            This presentation will focus on significant recent evidence decisions (both criminal and civil) from the Oregon appellate courts, including ....
            – Hon. Timothy J. Sercombe
3:30 p.m.        adjourn


Hon. Stephen K. Bushong
Multnomah County Circuit Court

Hon. Jeffrey S. Jones
Clackamas County Circuit Court

Hon. Jack L. Landau
Oregon Supreme Court

Hon. Marilyn E. Litzenberger
Program Planner
Multnomah County Circuit Court

Hon. Susie L. Norby
Clackamas County Circuit Court

Hon. Timothy J. Sercombe
Oregon Court of Appeals

Hon. Michael H. Simon
United States District Court

Hon. Janice R. Wilson
Multnomah County Circuit Court

Original Recording Date: Friday, November 30, 2012

CLE Credits (60): 6 G or

Practical Skills: 6 PS

Produced By:

Oregon Law Institute of Lewis & Clark Law School

Course Materials

  • Speaker's Bios Schedule
  • MCLE Form
  • Evaluation Form
  • Ch. 1 Witnesses Commenting on the Credibility of Othe Witnesses
  • Ch. 2 Objecting at Trial
  • Ch. 3 Preserving Evidentiary Error
  • Ch. 4 Character Evidence
  • Ch. 5 Evidence Rules Outside the Code
  • Ch. 6 Opinion Evidence from Experts
  • Ch. 7 Appellate Update
  • PowerPoint Slides