From Definition to Exception: A Hearsay Decision Tree For Trial Judges
This course is provided free of charge to active judges through an NJC scholarship.
199
Days & Times
11 a.m. PDT/Noon MDT/1 p.m. CDT/2 p.m. EDT
Course Location
Online
Course Fees
This course is provided free of charge to active judges through an NJC scholarship.
$199
Judges must make critical evidence rulings during trial with little opportunity for research or reflection and often, without sufficient amplification by counsel. The use of an evidence decision tree (EDT) provide a focused mechanism for judges to analyze complex evidentiary issues, while ruling both efficiently and fairly. Additionally, because of the structured nature of EDT analysis, the use of EDTs promotes appropriate factual findings and legal conclusions necessary to the appropriate application of judicial discretion, thus warranting deferential appellate review of the trial court’s evidentiary rulings. During this session, judges will explore the use of an EDT to structure and improve their rulings on hearsay issues.
This course is provided free of charge to active judges through an NJC scholarship. $199
During this course, you will learn to:
- A statement is a “statement” for hearsay purposes;
- A statement is an “out of court statement” offered “in court;”
- A statement is an “out of court statement” offered “in court;”
- Counsel’s claim that a statement is offered for something other than the truth of the matter asserted is legitimate and acceptable;
- Whether the proponent who seeks admission of a hearsay statement has sufficiently established a factual foundation for its admission as a hearsay exemption or exception;
- Whether, given the factual foundation, the court should conclude that the hearsay statement is admissible.
Judges must make critical evidence rulings during trial with little opportunity for research or reflection and often, without sufficient amplification by counsel. The use of an evidence decision tree (EDT) provide a focused mechanism for judges to analyze complex evidentiary issues, while ruling both efficiently and fairly. Additionally, because of the structured nature of EDT analysis, the use of EDTs promotes appropriate factual findings and legal conclusions necessary to the appropriate application of judicial discretion, thus warranting deferential appellate review of the trial court’s evidentiary rulings. During this session, judges will explore the use of an EDT to structure and improve their rulings on hearsay issues.