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A Practical Guide to Introducing Evidence in Massachusetts

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  • Product Number: 1870081B00
  • Publication Date: 10/24/2017
  • Edition: 4th Edition 2013, with 2015 & 2017 Supplements
  • Copyright: © 2017 MCLE, Inc.
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  • Product Description
  • Table of Contents
  • Editors & Authors
  • Product Description

    Product Description

    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.

    Recent updates:

    • Update: October 2017

      Dear Subscriber:

      Thank you for keeping your volume of A Practical Guide to Introducing Evidence in Massachusetts current with this 2017 supplement.

      Inside, you will find updates on many evidence topics, including the following:

      • Evidentiary Exclusions; Limitations—See Chapter 3 for a discussion of recent changes to the longstanding requirement that a party object to the admission of evidence—whether on constitutional grounds or objections based on other grounds—at trial where he or she has already sought to preclude the very same evidence at the motion in limine stage, and the motion was heard and denied.
      • Testimony of Expert; Lost Profits—See Chapter 4 for a 2017 case involving small businesses or start-ups, where the calculation of profits is problematic or conjectural.
      • Bias—See Chapter 8 for a recent case cite and discussion of the boundaries relative to the use of bias at trial, and the judge's broad discretion to insist on an adequate foundation before allowing questioning relating to bias.
      • Eyewitness Testimony—See Chapter 13 for a discussion of two 2014 cases addressing a rule regarding a witness's in-court identification.

      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

    • Update: September 2015

      Dear Subscriber:

      Thank you for keeping your volume of A Practical Guide to Introducing Evidence in Massachusetts current with this supplementary issue for 2015.

      Inside, you will find new information on a spectrum of topics, such as the following:

      • Witness Corroboration and Support—See Chapter 5 for recent case law on the topic of admission of evidence of routine practice of a business organization or of one acting in a business capacity, and work related routine of a victim that recurs over a significant period of time.
      • Identification—See Chapter 6 for new case law on the question as to whether a process used for identification is justified if it is part of an efficient police investigation following a crime.
      • Reputation—See Chapter 7 for new text and commentary on recent changes to the Massachusetts Guide to Evidence on the topic of witness testimony regarding reputation.
      • Privilege—See Chapter 10 for discussion of whether references to a DSM diagnostic category may so implicate a patient's confidential communication that the diagnosis ought to be privileged.

      We at MCLE trust that you will find the 2015 Supplement to A Practical Guide to Introducing Evidence in Massachusetts useful in your practice and valuable in keeping your reference library current.

      Cordially,

      Maryanne G. Jensen, Esq., Director of Publications

    • Update: July 2013

      Dear Subscriber:

      Thank you for keeping your volume of A Practical Guide to Introducing Evidence in Massachusetts current with this revised edition for 2013.

      Inside, you will find new information on a spectrum of topics, such as the following:

      • Police Records—Under both Massachusetts and federal law, police records, such as accident reports may be admissible either as business records or as public records as long as they are qualified under the appropriate exception to the hearsay rule. See Chapter 12 for the state and federal rules authority, along with cases that illustrate this point.
      • Hearsay—Even in the aftermath of an exciting event, a hearsay statement may not be admissible if there are circumstances undermining the spontaneity or reliability of the statement. See case law and discussion on this topic in Chapter 11, HEARSAY EXCEPTIONS INVOLVING STATE OF MIND.
      • Privilege—If an attorney-client communication is inadvertently disclosed, the privilege will not necessarily be considered waived, so long as reasonable precautions are taken to preserve confidentiality, including the privilege holder taking reasonable steps to prevent disclosure, and promptly taking reasonable steps to rectify the error. See a discussion about the Greenleaf decision in the Superior Court in Chapter 10, PRIVILEGE AND DISQUALIFICATION.
      • Prior Inconsistent Statements—Recently, the Supreme Judicial Court opened the door to the admission of prior inconsistent statements for substantive purposes. This new approach grows out of the criminal context where the Supreme Judicial Court has authorized the use of prior inconsistent statements given under oath to the grand jury for their probative value, assuming that two conditions have been met. Read about these conditions in an updated discussion in Chapter 8, IMPEACHMENT

      We trust that you will find this new material useful in your practice and valuable in keeping your law library current.

      Cordially,

      Maryanne G. Jensen, Esq., Director of Publications

  • Table of Contents

    Table of Contents

    expand all
    Chapter 0 expand

    A Practical Introduction to Pretrial and Trial Practice

    Buy Chapter
    Harold W. Potter, Jr., Esq.,
    Hon. Paul E. Troy, Superior Court, Commonwealth of Massachusetts (Ret.), JAMS
    Chapter 1 expand

    Checklist 1.1

    - Practical Suggestions for Organizing Your Presentation of Evidence Buy Form
    Chapter 2 expand

    Presumptions and Facts Established Without Formal Proof

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    Nancy A. Serventi, Esq., McDonough Hacking Lavoie, LLC
    Bruce A. Singal, Esq., Barrett & Singal
    Hon. Paul E. Troy, Superior Court, Commonwealth of Massachusetts (Ret.), JAMS
    Chapter 3 expand

    Evidentiary Exclusions and Limitations

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    Chapter 5 expand

    Witness Corroboration and Support

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    Bruce A. Singal, Esq., Barrett & Singal
    Hon. Paul E. Troy, Superior Court, Commonwealth of Massachusetts (Ret.), JAMS
    Chapter 6 expand

    Identification

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    Thomas A. Kenefick, III, Esq., Law Offices of Thomas A. Kenefick III, PC
    Hon. Christine M. McEvoy,
    Bruce A. Singal, Esq., Barrett & Singal
    Hon. Paul E. Troy, Superior Court, Commonwealth of Massachusetts (Ret.), JAMS
    Chapter 9 expand
    Chapter 10 expand

    Privilege and Disqualification

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    Chapter 11 expand

    Hearsay Exceptions Involving State of Mind

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    Harold W. Potter, Jr., Esq.,
    Hon. Paul E. Troy, Superior Court, Commonwealth of Massachusetts (Ret.), JAMS
    Chapter 12 expand

    Documentary Evidence

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    Hon. Vickie L. Henry, Appeals Court, Commonwealth of Massachusetts
    David A. Kluft, Esq., Foley Hoag LLP
    Harold W. Potter, Jr., Esq.,
    Nancy A. Serventi, Esq., McDonough Hacking Lavoie, LLC
    Hon. Paul E. Troy, Superior Court, Commonwealth of Massachusetts (Ret.), JAMS
    Chapter 13 expand

    Demonstrative Evidence

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    Michael A. Collora, Esq., Hogan Lovells LLP
    Thomas A. Kenefick, III, Esq., Law Offices of Thomas A. Kenefick III, PC
    Bruce A. Singal, Esq., Barrett & Singal
    Hon. Paul E. Troy, Superior Court, Commonwealth of Massachusetts (Ret.), JAMS
  • Editors & Authors

    Editor(s)

    Hon. Paul E. Troy, Superior Court, Commonwealth of Massachusetts (Ret.), JAMS, Boston

    Author(s)

    Hon. Joseph A. Grasso, Jr., Suffolk County District Atttorney's Office, Boston
    Hon. Vickie L. Henry, Appeals Court, Commonwealth of Massachusetts, Boston
    Thomas A. Kenefick, III, Esq., Law Offices of Thomas A. Kenefick III, PC, Springfield
    Nancy A. Serventi, Esq., McDonough Hacking Lavoie, LLC, Salem
    Hon. Paul E. Troy, Superior Court, Commonwealth of Massachusetts (Ret.), JAMS, Boston
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