Rules of Evidence in Virginia: Presumptions, Relevancy, Character, and Best Evidence

A pre-recorded streaming VIDEO replay of the August 2023 webcast, Rules of Evidence in Virginia: Presumptions, Relevancy, Character, and Best Evidence.

The Most Cited, Most Complex, and Perhaps the Most Confusing Rules Are Covered. This presentation addresses the most cited rules of evidence (relevance), the most complex (the best evidence rule), and perhaps the most confusing (presumptions).

Both Civil and Criminal Practice Areas Are Covered. Our experienced faculty includes both a civil and a criminal practitioner to explain the rules applicable within their specific practice areas. Civil practitioners learn about the rules regarding habit and routine, negotiations, and insurance.  Criminal practitioners learn about “rape shield” law and the admissibility of evidence of similar crimes in child sexual offense cases.

Making and Meeting Objections. The definition of “relevant evidence” and basic principles of when relevant evidence is admissible and inadmissible are discussed in a way to prepare practitioners to make or meet objections with the most persuasive and compelling foot forward.

Excluding Misleading or Confusing Evidence. The faculty also examines the best strategies to exclude misleading or confusing evidence.

Handling Character Evidence. Attendees will also explore nuances with character evidence, including “prior bad acts” and how to prove character traits.

Applying the Best Evidence Rule to Electronic Evidence and AI-Generated Information. The final topic covers the best evidence rule and its application to electronic evidence. Do not get left behind on how this rule applies to modern texts and AI-generated information. 

Get the electronic version of an extraordinary set of written materials published by Virginia CLE®, A Guide to the Rules of Evidence in Virginia—a $90 value—included!

Faculty

Lee Livingston, Livingston Law Group / Charlottesville

Lee Livingston practices civil litigation, personal injury law, medical malpractice, and defamation law at his firm, Livingston Law Group, PLLC. He served as president of the Virginia Trial Lawyers Association in 2017-2018. He is former chair of the Virginia State Bar Litigation Section Board of Governors and the Virginia State Bar Mandatory Continuing Legal Education Board. He is a fellow in the Virginia Law Foundation.

Mr. Livingston teaches Trial Advocacy and Professional Liability Law at the University of Virginia School of Law. He is co-author of Evidence for the Trial Lawyer, a Matthew-Bender (Lexis) publication. He has served on the Virginia Supreme Court’s Appellate Rules Advisory Committee and Electronic Filing Study Group, and the Virginia Model Jury Instructions Committee. He is a member of the Boyd-Graves Conference and chairs its evidence committee.

Mr. Livingston is listed in Best Lawyers in America and was named Lawyer of the Year—2012 and 2021 Medical Malpractice, and Lawyer of the Year—2015, 2017, 2019, and 2021 Personal Injury, Charlottesville, Virginia. He is “AV-preeminent” rated by Martindale Hubbell, and he has been honored for selection by Richmond magazine as a top 100 Virginia “Super Lawyer” and a top 50 “Super Lawyer” in Richmond, Virginia. He was awarded the Professor W. McKinley Smiley Jr. Lighthouse Award by the Southern Trial Lawyers Association in 2019.

Catherine French Zagurskie, Virginia Indigent Defense Commission / Richmond

Catherine French Zagurskie is Chief Appellate Counsel for the Virginia Indigent Defense Commission. She leads the VIDC’s appellate cohort, a dedicated group of public defenders who focus on direct appeals.  She has argued numerous writ and merit cases before the Court of Appeals of Virginia and the Supreme Court of Virginia, with victories in both appellate courts.  Ms. Zagurskie has presented on appellate topics at various programs, including a three-part webinar series for the National Association of Criminal Defense Lawyers, three times at the Annual Indigent Criminal Defense Advanced Skills for the Experienced Practitioner and the Virginia State Bar’s Annual Criminal Law Seminar.  She is also an adjunct professor at the University of Richmond School of Law.

Prior to her current position at the VIDC, Catherine was a Supervising Public Defender at the Richmond Public Defender’s Office.

Ms. Zagurskie earned a J.D., summa cum laude, and graduated Order of the Coif from Case Western Reserve University. She also holds a M.S. in Social Administration from Case Western Reserve University. She graduated with a B.A., magna cum laude and Phi Beta Kappa, from Smith College.