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

Webinar: ID# 1014513
Recorded CD
About This Course:
This webinar will provide family law counsel with approaches for defending the admissibility of evidence in divorce cases. The panel will discuss laying the foundation for exhibits, review authenticating and introducing different types of evidence, and identify ways to restrict evidence and testimony.


A working 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 be able to properly lay the foundation for and correctly introduce evidence in divorce cases.

Counsel must utilize proper procedures for authenticating and admitting exhibits, from writings and photos to emails, text messages, websites, and social media. Developing effective approaches for restricting improper evidence, making proper objections, and setting forth offers of proof is also critical.

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.


  • Cornerstone of all evidence: relevance, reliability and authenticity
  • Proper procedures for authenticating and admitting exhibits

    • Writings
    • Photographs
    • Emails
    • Text messages
    • Websites, including social media
    • Business records

  • Proper testimony—when may a lay witness testify to opinions or conclusions
  • Original evidence rule and when it applies
  • How to properly admit a summary
  • Effective use of demonstrative exhibits
  • 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 that may be used in a family law case
  • The original evidence rule and when it applies
  • Unique challenges and solutions to introducing and authenticating electronic evidence
The Presenters

Austin R.C. Buerlein, Esq.
Browning & Smith, Marietta, Ga.

Mr. Buerlein’s practice is concentrated primarily in the area of divorce and family law, where he has successfully represented over 500 clients in divorce and family law matters. He is a frequent author, lecturer and CLE presenter on family law topics.

Cynthia L. Ciancio, Shareholder
Ciancio Ciancio Brown, Broomfield, Colo.

Ms. Ciancio’s practice specializes in high asset divorces and complex child custody disputes. She has over 14 years of experience exclusively in family law, and another four years prior as a Deputy District Attorney in Adams County. She is also a certified mediator conducting both mediations and arbitrations for parties with or without counsel. Ms. Ciancio currently serves as the Immediate Past Chair of the Colorado Bar Association's Family Law Section.

CPE Credits Available!

This program has been approved for 1.5 CPE hours through Strafford Publications. CPE Credit is available only for the LIVE webcast. Recorded versions do not qualify for credit.

To obtain CPE credit, attendees must participate in the live event, return an Official Record of Attendance to Strafford affirming their participation (including the CPE code announced during the program), and pay a processing fee of $35 per person. Strafford then will mail a certificate of credit within approximately two weeks of receiving your completed Official Record of Attendance.
Evidentiary Challenges in Divorce Cases: From Writings and Photos to Text Messages and Social Media
Available on CD format
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