Product Description

Recent updates:

• Update: June 2022

  Dear Subscriber:

  Thank you for choosing to keep your volume of A Practical Guide to Introducing Evidence in Massachusetts current with this 2022 supplement to the fifth edition. With this supplement, we welcome Thomas A. Kenefick, III, Esq. as the new editor-in-chief of the publication, succeeding Michael A. Collora, Esq., who has retired from the book after many years of generous participation.

  Inside this supplement, you will find insights and information on such topics as these:

  • Introduction to pretrial and trial practice. See chapter 1 for a new, detailed checklist titled "Practical Pointers for Direct Examination." The chapter also features a checklist titled "Practical Pointers for Closing Arguments."

  • Hospital records, medical records, etc. See chapter 2 for citation of a recent case on the exclusion of medical records based on their probative value.

  • Offers to compromise. See chapter 4 for a recent Appeals Court decision on when communications may constitute an inadmissible offer of compromise.

  • Witness corroboration and business routine. See chapter 6 for a very recent decision distinguishing between testimony on business routine and that regarding a person's character.

  We at MCLE trust that you will find this new material useful in your litigation practice and valuable in keeping your reference library current.

  Cordially,

  Maryanne G. Jensen, Esq., Director of Publications

• Update: January 2020

  Dear Subscriber:

  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.

  Cordially,

  Maryanne G. Jensen, Esq., Director of Publications

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., Arent Fox LLP
Regina E. Roman, Esq., Sugarman, Rogers, Barshak & Cohen, PC

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 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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