Product Description

Recent updates:

• Update: November 2023

  Dear Subscriber:

  Thank you for updating your library with the 2023 edition of Massachusetts Courtroom Advocacy. This latest version brings updated resources within your immediate reach—for fast, accurate, and practical answers to your questions.

  Highlights from the many developments reflected in this edition include

  • newly added guidance on preparing expert witnesses;

  • an amendment to Fed. R. Evid. 702, effective December 1, 2023, that will impose new conditions on the introduc-tion of expert testimony;

  • the possibility of taking judicial notice of readily available online municipal ordinances;

  • objecting to evidence that was previously challenged through an unsuccessful motion in limine;

  • continuation of certain court procedures begun during the earliest stages of the COVID-19 pandemic;

  • an amendment to Superior Court Rule 9A governing exhibits to motions and joint appendixes;

  • notices of intent required in medical malpractice cases pursuant to G.L. c. 231, § 60L, and related presuit investigations by health-care providers;

  • extensive developments on voir dire and peremptory challenges in criminal trials; and

  • a recent case in which a mediator was found to have "crossed the line" from mediation to legal representation and was therefore subject to potential liability in a legal malpractice action.

  We trust you will find this latest version of Massachusetts Courtroom Advocacy an invaluable resource for your busy practice.

  Cordially,

  MCLE Press

Table of Contents

Chapter 01 expand

An Introduction to Trial Advocacy

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Robert J. Muldoon, Jr., Esq.,

Chapter 02 expand

Preparing for Civil Trial in Massachusetts

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John Kenneth Felter, Esq.,

Checklist 2.1

- Witness Preparation Checklist Buy Form

Checklist 2.2

- Questions to Ask About the Judge Who Will Preside Over Your Upcoming Trial Buy Form

Checklist 2.3

- Sample Objection Reference Sheet Buy Form

Exhibit 2A

- Sample Trial Budget Buy Form

Exhibit 2B

- Massachusetts Superior Court Seventh Amended Standing Order 1-88 (“Time Standards”) Buy Form

Exhibit 2C

- Sample Trial Task List and Schedule Buy Form

Exhibit 2D

- Sample Exhibit List Buy Form

Exhibit 2E

- Sample Order of Proof Chart Buy Form

Exhibit 2F

- Sample Motion for a View Buy Form

Exhibit 2G

- Sample Motion to Conclusively Establish Facts Based upon Judicial Admissions Buy Form

Exhibit 2H

- Sample Motion to Exclude Character Witnesses Buy Form

Exhibit 2I

- Sample Trial Memorandum on Leading Questions Buy Form

Exhibit 2J

- Bibliography Buy Form

Chapter 03 expand

Jury Selection

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Joseph D. Lipchitz, Esq., Saul Ewing LLP
Kelsey M. Westrich, Esq., Saul Ewing LLP

Chapter 04 expand

Opening Statement

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Michael B. Keating, Esq., Meehan, Boyle, Black & Bogdanow, PC

Chapter 05 expand

Introduction of Evidence

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Andrew R. Levin, Esq., ArentFox Schiff LLP

Checklist 5.1

- Practical Suggestions for Organizing Your Presentation of Evidence Buy Form

Chapter 06 expand

Objections

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Jeffrey C. Melick, Esq., Kajko, Weisman & Colasanti LLP

Exhibit 6A

- Common Objections to Documentary Evidence Buy Form

Exhibit 6B

- Some Common Objections to Testimony Buy Form

Chapter 07 expand

Direct Examination

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Carol A. Starkey, Esq., Conn Kavanaugh Rosenthal Peisch & Ford LLP

Checklist 7.1

- Common Pretrial Issues in Criminal Cases Buy Form

Checklist 7.2

- Rules for Witnesses Facing Cross-Examination Buy Form

Checklist 7.3

- Preparing Your Witness for Trial Buy Form

Checklist 7.4

- Common Objections and Issues in the Use of Digital Photography Buy Form

Checklist 7.5

- Common Objections and Issues: Use of Video Buy Form

Checklist 7.6

- Common Objections and Issues: Points of View in Computer Simulations Buy Form

Checklist 7.7

- Common Objections and Issues: Illustrative Aids in General Buy Form

Exhibit 7A

- Proposed Model Jury Instructions on the Use of Technology and Social Media Buy Form

Exhibit 7B

- Sample Exhibit List Buy Form

Chapter 08 expand

Cross-Examination

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David L. Ferrera, Esq., Nutter McClennen & Fish LLP

Exhibit 8A

- Resources Buy Form

Chapter 09 expand

Examination of Experts

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Audrey Poore Joyce, Esq., Jones Kelleher LLP

Exhibit 9A

- Suggested Forms for Opinion Questions Buy Form

Chapter 10 expand

Closing Argument—Plaintiff’s Perspective

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Stacey L. Pietrowicz, Esq., Sugarman and Sugarman, PC

Exhibit 10A

- Closing Argument Excerpt: Sympathy Versus Justice Buy Form

Exhibit 10B

- Closing Argument Excerpt: Numerous Ways Injury Could Have Been Prevented Buy Form

Exhibit 10C

- Closing Argument Excerpt: Defendant’s Motive in Medical Negligence Case Buy Form

Exhibit 10D

- Closing Argument Excerpt: “Saving Something for Closing” Buy Form

Exhibit 10E

- Closing Argument Excerpt: Contradictions in Defense Theory Buy Form

Exhibit 10F

- Closing Argument Excerpt: Damages for Permanent Disability Buy Form

Exhibit 10G

- Closing Argument Excerpt: Damages in Death Case Buy Form

Exhibit 10H

- Closing Argument Excerpt: Defendants Blaming Each Other and Plaintiff Buy Form

Chapter 11 expand

Closing Argument—Defendant’s Perspective

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William J. Dailey, III, Esq., Sloane and Walsh LLP
Gail M. Ryan, Esq., Sloane and Walsh LLP
John P. Ryan, Esq., Sloane and Walsh LLP

Checklist 11.1

- "Do’s” and “Don’ts” for Closing Argument Buy Form

Exhibit 10I

- Closing Argument Excerpt: Products Liability (Unguarded Machine) Buy Form

Chapter 12 expand

Trial Motion Practice

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Jeffrey C. Melick, Esq., Kajko, Weisman & Colasanti LLP

Chapter 13 expand

Damages—Plaintiff’s Perspective

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Michael B. Bogdanow, Esq., Meehan, Boyle, Black & Bogdanow, PC
Robert Foster, Esq., Meehan, Boyle, Black & Bogdanow, PC

Chapter 14 expand

Damages—Defendant’s Perspective

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Stephen M. O'Shea, Esq., Martin, Magnuson, McCarthy & Kenney

Checklist 14.1

- Checklist for Deposition of Plaintiff Buy Form

Exhibit 11A

- Examples of Closing Argument Buy Form

Exhibit 14A

- Letter, Application for Court Order, and Proposed Court Order Pursuant to Superior Court Rule 13 Buy Form

Exhibit 14B

- Notice Letter to Counsel and Keeper of Records Subpoena for Medical Records Buy Form

Exhibit 14C

- Notice Letter to Counsel and Keeper of Records Subpoena for Health Insurance Records Buy Form

Exhibit 14D

- Subpoena for 30(b)(6) Deposition of Plaintiff’s Employer Buy Form

Exhibit 14E

- Keeper of Records Subpoena to Workers’ Compensation Insurer Buy Form

Chapter 15 expand

Trial Advocacy in Criminal Defense

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Cathleen L. Bennett, Esq.,
Matthew J. Fleischner, Esq., Committee for Public Counsel Services

Checklist 15.1

- Step-by-Step Checklist: Prepare to Be an Effective Advocate for Your Defendant-Client at Trial Buy Form

Chapter 16 expand

Mediation and Arbitration

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Joseph S. Berman, Esq., Office of the General Counsel, Massachusetts Board of Bar Overseers
Michelle R. Yu, Esq., Office of the General Counsel, Massachusetts Board of Bar Overseers

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