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

Introduction and Exclusion of Evidence; Burdens of Proof

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J.W. Carney, Jr., Esq., Carney, Gaudet & Carney
Addison R. Gamliel, Esq., Committee for Public Counsel Services, Children and Family Law Program

Chapter 02 expand

Judicial Admissions and Evidentiary Admissions

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J.W. Carney, Jr., Esq., Carney, Gaudet & Carney
Daniel J. Gaudet, Esq., Carney, Gaudet & Carney

Chapter 03 expand

Witness Competency

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Neerja Sharma, Esq., Burns & Levinson LLP
Ellen J. Zucker, Esq., Burns & Levinson LLP

Chapter 04 expand

Evidentiary Privileges

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William Eugene Evans, Esq., Goodwin Procter LLP

Chapter 05 expand

Hearsay

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Gilda Tuoni Russell,

Chapter 06 expand

Expert Testimony

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Erin J. Meehan, Esq., Doherty, Wallace, Pillsbury & Murphy, PC
L. Jeffrey Meehan, Esq., Doherty, Wallace, Pillsbury & Murphy, PC

Chapter 07 expand

Unavailable Witnesses

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J.W. Carney, Jr., Esq., Carney, Gaudet & Carney
Nat Carney, Esq., Carney, Gaudet & Carney

Chapter 08 expand

Real Evidence

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J.W. Carney, Jr., Esq., Carney, Gaudet & Carney
Andrea L. Davulis, Esq., McCormack Suny LLC

Chapter 09 expand

Documentary Evidence

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Barbara T. O'Toole, SEVITA
Payal Salsburg, Esq., Laredo & Smith LLP

Chapter 10 expand

Impeachment

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J.W. Carney, Jr., Esq., Carney, Gaudet & Carney
Daniel J. Gaudet, Esq., Carney, Gaudet & Carney

Appendix

Massachusetts Guide to Evidence, 2023 Edition—Quick Reference Version

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