Section Description Provided by Instructor
With increasing frequency, evidence in the twenty-first century exists in electronic form, and digital evidence, together with the discovery tools used to identify and preserve it, plays a role in virtually every lawsuit. From pre-litigation counseling of clients through establishing the necessary foundation for the admission of electronic evidence at trial, students will learn the relevant rules of evidence and procedure, and practice applying them in written assignments and in-class exercises. Ethical issues and pitfalls in digital evidence abound, ranging from innocent mistakes, through sharp practice, to outright misrepresentation and fraud. Students will learn to identify, and avoid, ethical lapses.
Guest lecturers will include sitting judges, who will hear and rule on discovery and evidentiary motions argued by students, and attorneys with specialized knowledge in the field who will share their expertise. Through drafting and arguing motions, engaging in mock court conferences, and conducting direct and cross-examination of witnesses, students will develop critical skills to be able to “hit the ground running” in practice. The goal is to have students attain a level of competence, comparable to an attorney working in the field after the first year of practice, in the practical application of the relevant disciplinary, procedural, and evidentiary rules.
T 6:20-8:10 pm
Method of Evaluation
J.D. Writing Credit
Civil Procedure Evidence
Learning Outcome Goals
- Electronic evidence and discovery, including major policy and ethical concerns.
- Relevant statutory and decisional law and application of that law to real life situations.
- Ethical issues and litigation strategy
- Lawyering skills, including oral advocacy, legal writing and drafting, legal research, client communication, and case theory and planning.