PROGRAM SUMMARY 3-20-21
By: Gary R. Wallace-Program Summary Committee Chair
On March 20, 2021, the CDCBAA held its fourth members meeting and MCLE program of the year. To help mitigate the spread of COVID-19, the meeting and program were conducted as a live webinar via Zoom video. The program topic was: "Evidence." The distinguished panel featured the Hon. Barry Russell, judge of the United States Bankruptcy Court for the Central District of California (Los Angeles division), and our own former president, M. Jonathan Hayes of Resnik, Hayes and Moradi, LLP.
The program covered the evidentiary aspects of, inter alia, judicial notice, lay and expert witness testimony, hearsay, and contents of writings, recordings and photographs. Our panelists also shared their real case experiences. Discussion subtopics included objections (presentation and waiver), foundational requirements, use of declarations, discovery admissions, witness competency and impeachment, the use of writings to refresh a witness’s recollection, opinion testimony by both lay and experts (e.g., the competency of a property owner to testify as to its value), what is (and isn’t) hearsay, and some of the more common exceptions to the hearsay rule. Some of the more useful tips provided were the following:
An extremely valuable 195-page handout, containing many case citations and summaries, was presented to all registered participants.
The next two CDCBAA members meetings and Zoom MCLE programs will be as follows: (1) May 8, 2021 (Topic - “Lien Stripping/Family Law Crossover”); (2) June 12, 2021 (Topic - Conversion: Deep Dive on 11 U.S.C. Section 706(b)). We hope you will join us.