Product Description

Recent updates:

• Update: July 2024

  Dear Subscriber:

  Thank you for choosing to keep your evidence library current with this 2024 edition of A Practical Guide to Introducing Evidence in Massachusetts . In this revised edition, you will find practical discussion, case law, and insights on topics such as the following:

  • Preserving the record for appeal. See chapter 4 for a suggestion regarding making offers of proof to fill in gaps following a ruling on motions in limine. A 2023 case decision is cited. The chapter also offers a 2023 case pertinent to the use of motions in limine in criminal cases, where they can serve as a method for seeking a ruling on the admissibility of prior convictions.

  • Witness incompetency. Chapter 5 discusses practical considerations inherent in the use of voir dire as a tool to challenge a witness's competence.

  • Fresh complaint. Chapter 6 offers a 2024 case decision where a modified version of the "fresh complaint" doctrine, known as the "first complaint" doctrine, is addressed.

  • Character witnesses. In chapter 8, there is an updated sample examination in which a defendant in a criminal case is questioning a character witness.

  • Prior conviction. Chapter 9 includes discussion of a 2024 decision addressing facts where a prior conviction is of the same or a very similar crime to the one being alleged at trial, and admissibility issues where the prejudicial effect of its admission outweighs its probative value.

  • "Testimonial" statements. See chapter 12 for discussion of litigation on "testimonial" statements, those made under circumstances that would lead an objective witness reasonably to believe that the statement would be available for use at a later trial. The chapter refers to a primary purpose test to determine whether a statement is testimonial or nontestimonial and offers a 2023 case on the topic.

  We at MCLE trust that you'll find this new material useful in your law practice, and valuable in keeping your practical reference library current.

  Cordially,

  MCLE Press

Table of Contents

Chapter 01 expand

A Practical Introduction to Pretrial and Trial Practice

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Michael A. Collora, Esq.,

Checklist 1.1

- Practical Pointers for Direct Examination Buy Form

Checklist 1.2

- Practical Pointers for Closing Arguments Buy Form

Chapter 02 expand

Introduction of Evidence

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Andrew R. Levin, Esq., ArentFox Schiff LLP

Checklist 2.1

- Practical Suggestions for Organizing Your Presentation of Evidence Buy Form

Chapter 03 expand

Presumptions and Facts Established Without Formal Proof

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Tyler Robert Martin, Esq., Hinckley Allen LLP
Damien C. Powell, Esq., Hinckley Allen LLP

Chapter 04 expand

Evidentiary Exclusions and Limitations

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Juliane Balliro, Esq.,

Chapter 05 expand

Witness Competency and Qualifications

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Alycia Kennedy, Esq., Community Legal Aid
Ingrid S. Martin, Esq., Todd & Weld LLP

Chapter 06 expand

Witness Corroboration and Support

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Tyler Robert Martin, Esq., Hinckley Allen LLP
Damien C. Powell, Esq., Hinckley Allen LLP

Chapter 07 expand

Identification

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Tyler Robert Martin, Esq., Hinckley Allen LLP
Damien C. Powell, Esq., Hinckley Allen LLP

Chapter 08 expand

Reputation

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Mackenzie C. McBurney, Hinckley Allen LLP
Michelle R. Peirce, Esq., Hinckley Allen & Snyder LLP

Chapter 09 expand

Impeachment

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Alycia Kennedy, Esq., Community Legal Aid
Ingrid S. Martin, Esq., Todd & Weld LLP

Chapter 10 expand

Rehabilitation

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Tyler Robert Martin, Esq., Hinckley Allen LLP
Damien C. Powell, Esq., Hinckley Allen LLP

Chapter 11 expand

Privilege and Disqualification

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Alycia Kennedy, Esq., Community Legal Aid
Ingrid S. Martin, Esq., Todd & Weld LLP

Chapter 12 expand

Hearsay Exceptions Involving State of Mind

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Mackenzie C. McBurney, Hinckley Allen LLP
Michelle R. Peirce, Esq., Hinckley Allen & Snyder LLP

Chapter 13 expand

Documentary Evidence

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Hon. Vickie L. Henry, Appeals Court, Commonwealth of Massachusetts
Madeleine K. Rodriguez, Esq., Foley Hoag LLP

Chapter 14 expand

Demonstrative Evidence

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Mackenzie C. McBurney, Hinckley Allen LLP
Michelle R. Peirce, Esq., Hinckley Allen & Snyder LLP

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