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Bankruptcy Law Section

Materials from “When Worlds Collide Bankruptcy and Domestic Relations: When to Go to (Bankruptcy) Court and When Not to”

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Evidence Issues for Bankruptcy Lawyers CLE May 17

Time and Place

Judge Robert H. Jacobvitz and Judge David T. Thuma, together with their law clerks Patti Hennessy, James Burke, and Jaya Rhodes, will present a CLE on evidence issues for bankruptcy lawyers from 10 am to noon, May 17, in the Sandia Courtroom on the 13th Floor of the Dennis Chavez Federal Building and United States Courthouse, 500 Gold Ave. SW, Albuquerque. Two hours of CLE credit will be given.

Cost of the Seminar

If CLE credit is desired, the charge for members of the Federal Bar in New Mexico is $2 including lunch. For all others, the charge $2, and an optional $10 for lunch. Attendance is free without CLE credit or lunch. Payment must be in cash only at the door.

Sign Up

If you want lunch provided, you must sign up by the end of the business day May 14. To sign up, email web_ntp@nmcourt.fed.us specifying the name(s) of those who will attend, whether lunch is desired, and whether the attendee is a member of the Federal Bar in New Mexico. Please make the subject line of the email "Evidence CLE."

CLE Materials

The CLE materials will be distributed by email on May 15 as a PDF attachment to those who sign up by May 14 and on May 16 to those who sign up by May 15.

Mock Trial Format

Seminar presenters will play the parts of the judges

( i.e., Judge Jacobvitz and Judge Thuma), the witness, counsel examining the witness, and counsel making evidentiary objections. The judges will then discuss the objections with input from the audience.

Topics Covered

The seminar will cover, to the extent time is available:

• Judicial Notice (FRE 201)

• Refreshing Recollection and Recorded Recollection (FRE 612 and 803(5))

• Expert testimony, admissibility of expert reports (FRE 702)

• Certain statements and acts that are not hearsay: documents and verbal

acts with independent legal significance and statements of an opposing

party (FRE 801)

• Business Records Exception to the Hearsay Rule (FRE 803(6) and 902(11))

• Former testimony (FRE 804)

• Miscellaneous hearsay exceptions (FRE 803 (8), (15), & (17))

• Best Evidence Rule (FRE 1001-1004)

• Summaries (FRE 1006)

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The general purpose of the Bankruptcy Law Section shall be the promotion of the objectives of the State Bar of New Mexico within the particular fields designated by the name of this Section. To that end, it shall be the purposes of this Section:

A. To provide a forum in which this evolving area of the law is considered and discussed as a whole;

B. To recognize the interrelationship among various components of bankruptcy law; and

C. To provide an organizational recognition of the importance of bankruptcy law to the state and its legal profession.

Membership in the Bankruptcy Law Section is open to any lawyer licensed in New Mexico in good standing of the State Bar of New Mexico.

You may enroll at any time during the year; however, your membership will expire in December of the same year.