Product Description

Recent updates:

• Update: May 2022

  Dear Subscriber:

  Thank you for choosing to keep your copy of A Practical Guide to Evidence in Maine current with this 2022 supplement. The following are highlights of just some of the updates you’ll find in this supplement:

  • guidance on how to make an offer of proof to preserve an issue for appeal pursuant to M.R. Evid. 103 (see chapter 3);

  • an explanation of the best practice for offering first complaint testimony as reiterated by the Maine Supreme Judicial Court in 2020 in State v. Hansen (see chapter 4);

  • additional details and case law regarding the religious privilege under M.R. Evid. 505 (see chapter 10); and

  • a sample direct examination to establish an expert's qualifications (see chapter 12).

  We at MCLE New England hope that you find this updated publication useful in your practice and in keeping your resource library current.

  Very truly yours,

  Maryanne G. Jensen, Esq., Director of Publications

• Update: May 2020

  Dear Subscriber:

  Thank you for choosing to keep your copy of A Practical Guide to Evidence in Maine current with this 2020 supplementary issue. Inside, you will find information on topics such as these:

  • Timeliness. In Chapter 1, see a 2019 decision regarding the Law Court's application of a deferential standard of review when the court makes a pretrial ruling admitting evidence and the opposing party fails to object to the evidence when it is eventually offered at trial.

  • Rule of Exclusion. See Chapter 3 for discussion of a case illustrating certain exceptions to the rule of exclusion and the interplay with Rule 408.

  • Recorded Testimony. In Chapter 4, find a 2019 decision that examined the foundational components of Rule 803 in the context of a videotaped forensic interview of a child who, years later, at trial, could not recall specific details of an alleged assault.

  • Privilege. In Chapter 10, find an expanded practice note, explaining who is covered by privilege under M.R. Evid. 502(a)(2) when representing corporate clients. The note also provides a recent decision.

  We at MCLE trust that you will find this supplementary material useful in your litigation practice and valuable in your law library.

  Very truly yours,

  Maryanne G. Jensen, Esq., Director of Publications

Table of Contents

Chapter 1 expand

Introduction to the Maine Rules of Evidence

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Hon. Thomas E. Humphrey, Maine Supreme Judicial Court
Brian T. Marshall, Esq.,

Chapter 2 expand

Presumptions and Facts Established Without Formal Proof

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Hon. John O'Neil, Jr., Maine Superior Court

Chapter 3 expand

Evidentiary Exclusions and Limitations

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Hon. Ann M. Murray, Maine Superior Court
Hon. John C. Nivison, U.S. District Court for District of Maine

Chapter 4 expand

Witness Competency, Corroboration, and Support

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Lara M. Nomani, Esq., Office of Maine Attorney General

Chapter 5 expand

Hearsay Exceptions Involving State of Mind

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Daniel A. Pileggi, Esq.,

Chapter 6 expand

Identification

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Walter F. McKee, Esq., McKee Law

Chapter 7 expand

Reputation

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Ashley Perry, Esq., Sanders, Hanstein & Carey PA

Chapter 8 expand

Impeachment

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Erica M. Johanson, Esq., Jensen Baird
Neal F. Pratt, Esq., Pierce Atwood LLP

Chapter 9 expand

Rehabilitation of Witnesses

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Jeffrey D. Talbert, Esq.,

Chapter 10 expand

Privileges

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Jonathan P. Hunter, Esq., Rudman & Winchell
David C. King, Esq., Rudman Winchell

Chapter 11 expand

Lay Witness Opinion Testimony

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Hon. Andrew M. Horton, Maine Superior Court

Chapter 12 expand

Expert Witness Opinion Testimony: Admission and Exclusion in Maine

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Sigmund D. Schutz, Esq., Preti Flaherty Beliveau & Pachios LLP

Chapter 13 expand

Documentary Evidence

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Russell B. Pierce, Jr., Esq., Norman Hanson DeTroy LLC

Chapter 14 expand

Demonstrative Evidence

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Brita J. Forssberg, Esq., Bernstein, Shur, Sawyer & Nelson, PA

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