The South Carolina Bar-CLE Division is proud to present the 2017 edition of one of our most popular seminars. Created by Supreme Court Justice John Few, this innovative, powerful and practical seminar always takes an entertaining and insightful look at some of the thorniest evidence problems any trial lawyer or judge could face, and this year is no exception. Course Planner and moderator Andy Moorman has brought together a truly outstanding faculty of talented and experienced trial attorneys for an unforgettable and entertaining learning experience.

This seminar is an intermediate to advanced level program.

8:30 a.m. Registration

8:50 a.m. Welcome and Opening Remarks

9 a.m. Imagine That: What to do When a Witness Testifies Inconsistently with a Previous Statement the Witness Has Given
Andrew B. Moorman, Sr. Assistant U.S. Attorney, Greenville
This presentation will discuss Rule 613 and how to impeach witnesses with their prior inconsistent statements. The presentation also will focus on differences between Rule 613 of the South Carolina Rules of Evidence and Rule 613 in the Federal Rules of Evidence.

10 a.m. Forensic Psychologists: Soft Science in Hard Cases
Hannah Rogers Metcalfe, Metcalfe & Atkinson, LLC, Greenville
This presentation focuses on expert opinion testimony that forensic psychologists provide in domestic relations cases, in criminal cases, and in tort cases. Specifically, the presentation will discuss how Daubert and Council apply when these experts’ opinions constitute subjective interpretations of data gleaned from interviews, testing, and other non-scientific sources.

11 a.m. Break

11:15 a.m. As Far as Practicable: Authenticating Drug Screen Evidence and the Application of Chain of Custody Concepts to the Evidence
Kirby Mitchell, Senior Litigation Attorney, South Carolina Legal Services, Greenville
Rule 901 requires lawyers who seek to introduce evidence to show that the item of evidence they seek to introduce is what they claim it to be. When lawyers seek to introduce an item of evidence that is fungible, or not readily identifiable, lawyers often must establish a chain of custody for the item “as far as practicable” to satisfy the requirements of Rule 901. This presentation seeks to explain how courts have applied the concept of chain of custody to drug screen evidence and discusses how the phrase “as far as practicable” may have different meanings, depending on the context in which it is applied.

12:15 p.m. Lunch

1:30 p.m. Is Honesty Always the Best Policy? Offering Statements for Reasons Other Than Their Truth and a Discussion of Other Non-hearsay Statements
Lisa Bentley, Assistant Solicitor, 13th Judicial Circuit, Greenville
Lawyers often concede that out-of-court statements are offered for their truth but rely on exceptions to the hearsay rule as a basis for avoiding the exclusion of this evidence. In this presentation, we will discuss the utility of first arguing, if possible, that these statements are not offered for their truth and/or are exempted from the definition of hearsay by Rule 801.

2:30 p.m. OSIs: The Evolution and Application of Watson and Branham
Brady Thomas, Richardson Patrick Westbrook & Brickman, LLC, Columbia
Rule 402 states that “[r]elevant evidence is admissible unless” the Constitution, a statute, or rule provides otherwise. Rule 403 provides that a “court may exclude relevant evidence if its probative value is substantially outweighed by a danger of” unfair prejudice, confusing the issues, and/or other considerations. This presentation seeks to address the interplay between these rules and the Supreme Court’s discussion of the “substantially similar” test in Watson and Branham for the introduction of other similar incidents evidence in products liability cases. The presentation also will discuss what, if any, application this test has to cases that do not involve products liability.

3:30 p.m. Break

3:45 p.m. More Than Facebook: The Litigator’s Guide to Social Media Evidence
Meliah Bowers Jefferson, Wyche P.A., Greenville
This presentation will discuss the proliferation of the use of social media and its content as a source of evidence for litigation matters including a discussion on the key benefits and pitfalls of using social media as evidence in your case. We will focus on special considerations for discovery and authentication of social media content to make sure you know how it can and cannot be used in your case, as well as the role of social media in a jury trial.

4:45 p.m. Adjourn

All registrations must be pre-paid. Cancellation & Refund Policy: Refunds, less $25 administrative fee, will be made for cancellations received in writing to the CLE Registrar at by 5 p.m., one week prior to the seminar. Cancellations will not be accepted within one week of seminar date. One-time transfers to seminars of like value or to the live webcast of the seminar (if available) will be accepted for a $25 administrative fee in lieu of cancellations within one week of seminar. Requests to transfer to the live webcast must be received by 1 p.m. the day prior to the program. Designated substitutes may take the place of registrants unable to attend.

If you have a disability, please call ahead to let us know how we may accommodate your needs.


  • Columbia
    In-Person Seminar
    Bar Conference Center
    950 Taylor Street , Columbia, SC 29201