Evidentiary Challenges in Divorce Cases: From Writings and Photos to Text Messages and Social Media

Knowledge of the intricacies of the rules of evidence is a must for family law practitioners to achieve a successful result in any contested court proceeding. Counsel must properly lay the foundation for and correctly introduce evidence in divorce cases. With personal information about parties available via an ever-expanding number of social networking sites and new methods of communication, counsel faces evolving demands.

Practitioners must utilize proper procedures for authenticating and admitting exhibits, from writings and photos to emails, text messages, websites, and social media. Counsel should develop practical approaches for restricting improper evidence, making proper objections, and setting forth offers of proof.

Listen as our panel of family law practitioners discusses best practices to prepare evidence for admission at trial and outlines strategies for restricting improper evidence. The panel will offer their insights into making proper objections and offers of proof.

1. Cornerstone of all evidence: relevance, reliability, and authenticity
2. Proper procedures for authenticating and admitting exhibits
   • Writings
   • Photographs
   • Emails
   • Text messages
   • Websites, including social media
   • Business records
3. Proper testimony: when may a lay witness testify to opinions or conclusions?
4. Original evidence rule and when it applies
5. How to properly admit a summary
6. Effective use of demonstrative exhibits
7. The hearsay rule and common exceptions used in a family law case

The panel will review these and other key issues:

• The proper procedure for authenticating and admitting different types of exhibits
• When a lay witness can testify to opinions or conclusions and when not
• Common exceptions to the hearsay rule in a family law case
• The original evidence rule and when it applies
• Unique challenges and solutions to introducing and authenticating electronic evidence