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American Bar Association

Practice Points »

Hearsay Exception for Recorded Recollections: Pitfalls to Avoid

Lessons to learn from recent cases.

NY State Institutes New Rule Regarding Use of Expert Testimony on Summary Judgment

The amendment was intended to overrule cases that held that the use of expert affidavits was at the discretion of trial courts.


Appellate Court Weighs in on Statute of Limitations for Spoliation Claim

The case involves damages arising from an automobile accident.

Articles »

Prior Consistent Statements: The Dangers of Misinterpreting Amended Rule 801(d)(1)(B)

By Laird Kirkpatrick and Christopher B. Mueller

To apply the amendment properly, attorneys and courts must research and consider law outside the rule.


Present Sense Impression and Excited Utterance Hearsay Exceptions

By Thomas J. Whiteside

A primer on Federal Rule of Evidence 803(1) and (2).


Using Evidence of Industry Standard in Medical Record Breach Cases

By Bryan H. Heckenlively

The storage of electronic data by a healthcare provider may have the same requirement as the provision of services.

Sound Advice »

audio Forensic Data Collection

By Grant A. Davis-Denny

What should you do in the wake of a data breach? Grant Davis-Denny addresses the importance of forensically sound collection methods and application tips. (9:02 min)


audio Tips for the Procrastinator

By Ian Fisher

You’re late with your privilege log—no big deal? Ian Fisher explains how it can become a huge deal but also how a little cooperation can be a procrastinator’s best tool. (7:26 min)


audio Lessons in Evidentiary Issues

By Hon. Joseph F. Anderson Jr.

Listen as a U.S. district judge with 27 years of experience in the courtroom, discusses what he views as the most troublesome evidentiary issues. (13:05 min)




Join Our Monthly Conference Call

Please attend a telephone conference with the Committee Co-Chairs on Thursday, August 20, 2015, at 4:00 p.m. Eastern.


Seeking Contributors

We are looking for authors for articles about trial evidence and related matters. Contact Tom Whiteside or Helene Hetchkopf for more information.

Trial Evidence Leadership

Cochairs Vice Chairs Editors

Blanca Fromm Young

San Francisco, CA

Eric R. Harlan

Baltimore, MD


James A. King

Columbus, OH

Katie L. Dysart

New Orleans, LA

Michael R. Lied

Peoria, IL

Jennifer Routh (Publications)

Washington, D.C.

Thomas Whiteside (Newsletter)

San Diego, CA

Helene Hechtkopf (Practice Points)

New York, NY