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 1 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 2 expand

Introduction of Evidence

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Andrew R. Levin, Esq., ArentFox Schiff LLP
Regina E. Roman, Esq.,

Checklist 2.1

- Practical Suggestions for Organizing Your Presentation of Evidence Buy Form

Chapter 3 expand

Presumptions and Facts Established Without Formal Proof

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Michael A. Collora, Esq.,
Bruce A. Singal, Esq., Hinckley Allen

Chapter 4 expand

Evidentiary Exclusions and Limitations

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Bruce A. Singal, Esq., Hinckley Allen

Chapter 5 expand

Witness Competency and Qualifications

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

Chapter 6 expand

Witness Corroboration and Support

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Bruce A. Singal, Esq., Hinckley Allen

Chapter 7 expand

Identification

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Michael A. Collora, Esq.,
Thomas A. Kenefick, III, Esq., Law Offices of Thomas A. Kenefick III, PC
Bruce A. Singal, Esq., Hinckley Allen

Chapter 8 expand

Reputation

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Bruce A. Singal, Esq., Hinckley Allen

Chapter 9 expand

Impeachment

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

Chapter 10 expand

Rehabilitation

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Michael A. Collora, Esq.,

Chapter 11 expand

Privilege and Disqualification

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

Chapter 12 expand

Hearsay Exceptions Involving State of Mind

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Michael A. Collora, Esq.,

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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Michael A. Collora, Esq.,
Thomas A. Kenefick, III, Esq., Law Offices of Thomas A. Kenefick III, PC
Bruce A. Singal, Esq., Hinckley Allen

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