LF logo
by learnformula
search
Log in
search
Courses/Law/Evidence

Out-of-Court & Into Evidence: Examining the Expert Exception

Master the professional reliability exception to the hearsay rule, transforming complex out-of-court information into powerful, admissible evidence while avoiding common pitfalls.

Created byNYS Academy of Trial Lawyers
BeginnerUpdated Sep 24, 2025
Out-of-Court & Into Evidence: Examining the Expert Exception

What You'll Learn

check_circleDefine the 'professional reliability exception' to hearsay.
check_circleIdentify key elements of the professional reliability exception.
check_circleDistinguish expert opinion from underlying hearsay evidence.
check_circleApply CPLR tools for admissible evidence before trial.
check_circleRecognize 'conduit hearsay' and its implications.
check_circleExamine how different courts interpret this rule.

About This Course

Our panel will discuss how courts handle expert reliance on otherwise inadmissible materials. This session breaks down the Expert Exception to the Hearsay Rule and explains what to watch for when using or challenging expert testimony.

Led by a panel of distinguished legal experts, including Supreme Court Justices and seasoned trial attorneys, this program will equip you with the understanding and practical strategies to effectively leverage this exception. You'll learn not only how to admit critical expert opinions based on out-of-court materials but also how to avoid common pitfalls that can lead to reversals.

Key learning outcomes include:

  • Defining the professional reliability exception and its core elements.
  • Understanding the two levels of the rule: allowing experts to reference out-of-court materials and, in rarer instances, admitting the records themselves.
  • Identifying the critical "reliance" and "reliability" touchstones required for admissibility.
  • Examining how different judicial departments interpret and apply the rule, including stricter vs. more lenient approaches.
  • Mastering the art of establishing admissibility through strategic preparation and proper foundation laying.
  • Recognizing and avoiding "conduit hearsay" to ensure your expert's testimony is robust and admissible.
  • Leveraging CPLR provisions for efficient record authentication, minimizing reliance on the expert exception where other tools exist.
  • Applying these principles across diverse expert fields, from medicine and engineering to accident reconstruction and economics.

Whether you are a seasoned litigator or new to the courtroom, this course will enhance your ability to present compelling expert testimony, avoid evidentiary challenges, and strengthen your case every step of the way. Equip yourself with the knowledge to bring out-of-court information into evidence effectively and ethically.

Your Instructors

NYS Academy of Trial Lawyers
NYS Academy of Trial Lawyers
menu_book270 courses
star599 reviews

The NYS Academy of Trial Lawyers is the largest statewide trial bar in the US with 5,700+ lawyer and judge members. We are committed to protecting, preserving and enhancing the civil justice system. Our highly acclaimed CLE programming features extraordinary presenters covering the most timely and important topics.

Hon. Nicholas  Moyne
Hon. Nicholas Moyne

Acting Justice for Supreme Court, New York County, Civil Term

Judge Moyne was initially elected to the bench in 2019 as a judge for the Civil Court of the City of New York, New York County. Shortly after, he was designated to the Criminal Court by Chief Administrative Judge Lawrence K. Marks, and in 2023 was designated by Acting Chief Administrative Judge Tamiko Amaker as Acting Justice for the Supreme Court, New York County, Civil Term. He first joined the NYS Unified Court System shortly after earning his J.D. from Brooklyn Law School when he served as a principal court attorney for the Hon. Marylin G. Diamond of the New York County Supreme Court. After working as an attorney with a few different New York firms, he ended up back in the unified court system, serving as a principal court attorney for the Hon. J.J. Kelly of the Civil Court of the City of New York in New York County until his election.

Hon. Laura  M. Jordan
Hon. Laura M. Jordan

Justice for New York State Supreme Court

Judge Jordan was elected in 2021 to serve as a NYS Supreme Court Justice for the Third Judicial District and is seated in Rensselaer County. She currently serves as the Cochairperson of the Third Judicial District’s Committee on Equal Justice in the Court. Prior to taking the bench, Judge Jordan was a trial lawyer with the law firm Powers & Santola, LLP in Albany, New York, where she represented seriously injured individuals and families of wrongful death victims throughout New York State. In 2023, the NYSBA awarded Judge Jordan the Betty D. Friedlander Award for Trial Excellence. She is also a Fellow of the American College of Trial Lawyers, Past President of the Capital District Trial Lawyers Association, and Past President of the Academy.

Carolyn  Caccese, Esq.
Carolyn Caccese, Esq.

Partner at Salenger Sack Kimmel & Bavaro

Carolyn is a partner at Salenger Sack Kimmel & Bavaro where her practice is primarily focused on medical malpractice cases involving individuals who have sustained serious injuries due to the negligence of medical professionals. She has received a number of noteworthy recognitions, including consecutive Best Lawyers in Medical Malpractice awards, and has been recognized as a New York Super Lawyer since 2016. Carolyn serves as the Vice President for the New York City Trial Lawyers Alliance, Vice President for the Long Island chapter of the American Board of Trial Advocates, serves on the Board of Directors at the Brooklyn Women’s Bar Association, and is a Past President of the Academy.

Credit Information

What Students Are Saying

0.0
Student's Choice
0 reviews

Frequently Asked Questions

We are a registered provider with 327+ associations and regulatory bodies worldwide. We operate across 29 global markets including Canada, the US, Australia, and the UK. Every course page clearly displays its specific accreditations. Upon completion, you receive a professional certificate that can be validated online. Our certificates include all necessary accreditation details, credit hours, and completion dates, and are formatted specifically to meet the submission requirements of most global regulatory bodies.

You May Also Like

Law: Technology Training

The Lawyer’s Guide to ChatGPT, Claude, Gemini & Copilot

star5.0(7)
1 CPD hr
Law: Technology Training

Microsoft Copilot for Lawyers (2026 Edition)

star4.9(16)
1 CPD hr
Technology, Privacy & Intellectual Property: Technology & Blockchain

Prompt or Perish: The 2026 War Room Guide to Legal AI

star5.0(2)
3 CPD hrs