A Practical Guide to Introducing Evidence in Massachusetts
Trusted guidance for every stage of your trial
- Product Number: 1870081B00
- Publication Date: 2/4/2020
- Edition: 5th Edition 2020
- Copyright: © 2020 MCLE, Inc.
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A Practical Guide to Introducing Evidence in Massachusetts is a convenient reference for identifying the foundational requirements and examination techniques that apply to introducing evidence at trial. Sample examinations illustrate the practical implementation of each of the evidentiary approaches explored in the text.
The Practical Guide addresses some eighty evidentiary areas, from admissions to X-rays. And it offers tips and guidelines for handling established categories of evidence—prior convictions, privileges, hearsay—as well as timely topics such as genetic marker testing, "first complaint" evidence, Daubert/Lanigan standards, and electronic evidence such as Web pages and e-mail.
Update: January 2020
Thank you for keeping your volume of A Practical Guide to Introducing Evidence in Massachusetts current with this 2020 edition.
Inside, you will find updates on many evidence topics, including the following:
- Introduction of evidence—exhibits. See chapter 2 for a Practice Note warning as to the difference between an authenticated document and an admissible document. The Practice Note also suggests a way to present document text using visual media.
- Witness competency and qualifications—child witnesses. See chapter 5 for discussion of instances wherein a child may be disqualified, as referenced in a 2018 amendment to G.L. c. 233, § 20 and Mass. G. Evid. § 504(c) (2019).
- Fresh complaint. See chapter 6 for a cite to a 2019 case and amendment to Mass. G. Evid. § 413, and related discussion of courts' application of a modified version of the "fresh complaint" doctrine, known as the "first complaint" doctrine.
- Genetic marker testing. See chapter 7 for discussion of G.L. c. 209C, § 17's requirement of a proper showing that tests are appropriate. That discussion addresses what happens when a party refuses to submit to genetic marker testing. It also addresses the statistical probability of a putative father's paternity, and how that plays into temporary orders of support.
- Motive—prior bad acts. See chapter 9 for discussion of the "inherent prejudice" associated with evidence of prior bad acts, and a case that stands for the proposition that even when such evidence is relevant for a proper purpose other than propensity, such evidence should be excluded when "the risk of unfair prejudice outweighs its probative value."
We at MCLE trust that you will find this new material useful in your practice and valuable in keeping your reference library current.
Maryanne G. Jensen, Esq., Director of Publications
- Update: January 2020
Table of Contents
Table of Contentsexpand allChapter 1 expand
A Practical Introduction to Pretrial and Trial PracticeBuy ChapterChapter 2 expand
Introduction of EvidenceBuy ChapterChapter 3 expand
Presumptions and Facts Established Without Formal ProofBuy ChapterChapter 4 expand
Evidentiary Exclusions and LimitationsBuy ChapterChapter 5 expand
Witness Competency and QualificationsBuy ChapterChapter 6 expand
Witness Corroboration and SupportBuy ChapterChapter 7 expand
IdentificationBuy ChapterChapter 8 expand
ReputationBuy ChapterChapter 9 expand
ImpeachmentBuy ChapterChapter 10 expand
RehabilitationBuy ChapterChapter 11 expand
Privilege and DisqualificationBuy ChapterChapter 12 expand
Hearsay Exceptions Involving State of MindBuy ChapterChapter 13 expand
Documentary EvidenceBuy ChapterChapter 14 expand
Demonstrative EvidenceBuy Chapter
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