Massachusetts Courtroom Advocacy

The ultimate guide to Massachusetts trial techniques

Product Number: 2060081B00
Publication Date: 11/23/2021
Edition: 4th Edition 2021
Copyright: © 2021 MCLE, Inc.
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Massachusetts Courtroom Advocacy

The ultimate guide to Massachusetts trial techniques

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Print Book 616 pages in 1 volume (printed book) with downloadable forms Note: For print books, with MCLE's supplementation service, new supplements and revisions are mailed automatically with an invoice. If you do not want to subscribe, please check the opt out option during checkout.

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Product Description
Product Description

Massachusetts Courtroom Advocacy sets forth the tips, effective strategies, and practical techniques you need to advocate for your client in court. Featured are chapters on opening statements, introduction of evidence, objections, cross-examination, closing argument, and jury selection, along with extensive guidance on damages and a chapter devoted exclusively to criminal trial practice. With a highly practical focus and incisive analysis of trial practice issues, this handbook is an essential resource for any Massachusetts litigator.

Recent updates:
- Update: November 2021
  Dear Subscriber:
  
  Thank you for updating your library with the 2021 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
  - guidance on the best litigation practices to employ in light of the COVID-19 pandemic and related court orders;
  - circumstances under which the attorney-client privilege may be waived;
  - modification of scheduling orders (federal court) and tracking orders (state court);
  - authorization of remote proceedings during the COVID-19 pandemic;
  - new Superior Court model jury instructions and guidance on drafting instructions;
  - a recent Supreme Judicial Court case on when the use of peremptory challenges may give rise to an inference of a "discriminatory purpose";
  - guidance on preparation for pretrial conferences in state and federal court;
  - selection of juries under the most recent Supreme Judicial Court order, including remote jury empanelment and limited numbers of peremptory challenges;
  - a criminal defendant's potential Confrontation Clause objections to remotely conducted proceedings;
  - differences in state and federal court rules governing the use of prior inconsistent statements;
  - a recent case on the application of the completeness doctrine to interrogatory answers;
  - procedures for electronic filing in state and federal court;
  - standards applicable to motions for mistrial;
  - "anchoring" approaches and other concerns relating to statements of specific dollar amounts in plaintiffs' closing arguments;
  - an extensively revised discussion of jury selection in criminal trials; and
  - detailed guidance on best practices for virtually conducted mediations.
  We trust you will find this latest version of Massachusetts Courtroom Advocacy an invaluable resource for your busy practice.
  
  Very truly yours,
  
  John M. Lawlor, Esq., MCLE Publications Attorney
Table of Contents

Table of Contents
expand all

Chapter 1 expand

An Introduction to Trial Advocacy
Buy Chapter
Robert J. Muldoon, Jr., Esq.,

Chapter 2 expand

Preparing for Civil Trial in Massachusetts
Buy Chapter
John Kenneth Felter, Esq.,

Checklist 2.1
- Witness Preparation Checklist Buy Form

Checklist 2.2
- Questions to Ask About the Judge Who Will Preside Over Your Upcoming Trial Buy Form

Checklist 2.3
- Sample Objection Reference Sheet Buy Form

Exhibit 2A
- Sample Trial Budget Buy Form

Exhibit 2B
- Massachusetts Superior Court Sixth Amended Standing Order 1-88 (“Time Standards”) Buy Form

Exhibit 2C
- Sample Trial Task List and Schedule Buy Form

Exhibit 2D
- Sample Exhibit List Buy Form

Exhibit 2E
- Sample Order of Proof Chart Buy Form

Exhibit 2F
- Sample Motion for a View Buy Form

Exhibit 2G
- Sample Motion to Conclusively Establish Facts Based upon Judicial Admissions Buy Form

Exhibit 2H
- Sample Motion to Exclude Character Witnesses Buy Form

Exhibit 2I
- Sample Trial Memorandum on Leading Questions Buy Form

Exhibit 2J
- Bibliography Buy Form

Chapter 3 expand

Jury Selection
Buy Chapter
Joseph D. Lipchitz, Esq., Saul Ewing LLP
Kelsey Marron, Esq., Saul Ewing LLP

Chapter 4 expand

Opening Statement
Buy Chapter
Michael B. Keating, Esq., Meehan, Boyle, Black & Bogdanow, PC

Chapter 5 expand

Introduction of Evidence
Buy Chapter
Andrew R. Levin, Esq., ArentFox Schiff LLP
Regina E. Roman, Esq.,

Checklist 5.1
- Practical Suggestions for Organizing Your Presentation of Evidence Buy Form

Chapter 6 expand

Objections
Buy Chapter
Jeffrey C. Melick, Esq., Kajko, Weisman & Colasanti LLP

Exhibit 6A
- Common Objections to Documentary Evidence Buy Form

Exhibit 6B
- Some Common Objections to Testimony Buy Form

Chapter 7 expand

Direct Examination
Buy Chapter
Carol A. Starkey, Esq., Conn Kavanaugh Rosenthal Peisch & Ford LLP

Checklist 7.1
- Rules for Witnesses Facing Cross-Examination Buy Form

Checklist 7.2
- Preparing Your Witness for Trial Buy Form

Checklist 7.3
- Common Objections and Issues: Use of Digital Photography Buy Form

Checklist 7.4
- Common Objections and Issues: Use of Video Buy Form

Checklist 7.5
- Common Objections and Issues: Points of View in Computer Simulations Buy Form

Checklist 7.6
- Common Objections and Issues: Illustrative Aids in General Buy Form

Exhibit 7A
- Proposed Model Jury Instructions on the Use of Technology and Social Media Buy Form

Exhibit 7B
- Sample Exhibit List Buy Form

Chapter 8 expand

Cross-Examination
Buy Chapter
David L. Ferrera, Esq., Nutter McClennen & Fish LLP

Exhibit 8A
- Resources Buy Form

Chapter 9 expand

Examination of Experts
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Patrick T. Jones, Esq., Jones Kelleher LLP
Audrey Poore Joyce, Esq., Jones Kelleher LLP

Exhibit 9A
- Suggested Forms for Opinion Questions Buy Form

Chapter 10 expand

Closing Argument—Plaintiff’s Perspective
Buy Chapter
Stacey L. Pietrowicz, Esq., Sugarman and Sugarman, PC

Exhibit 10A
- Closing Argument Excerpt: Sympathy Versus Justice Buy Form

Exhibit 10B
- Closing Argument Excerpt: Numerous Ways Injury Could Have Been Prevented Buy Form

Exhibit 10C
- Closing Argument Excerpt: Defendant’s Motive in Medical Negligence Case Buy Form

Exhibit 10D
- Closing Argument Excerpt: “Saving Something for Closing” Buy Form

Exhibit 10E
- Closing Argument Excerpt: Contradictions in Defense Theory Buy Form

Exhibit 10F
- Closing Argument Excerpt: Damages for Permanent Disability Buy Form

Exhibit 10G
- Closing Argument Excerpt: Damages in Death Case Buy Form

Exhibit 10H
- Closing Argument Excerpt: Defendants Blaming Each Other and Plaintiff Buy Form

Exhibit 10I
- Closing Argument Excerpt: Products Liability (Unguarded Machine) Buy Form

Chapter 11 expand

Closing Argument—Defendant’s Perspective
Buy Chapter
William J. Dailey, III, Esq., Sloane and Walsh LLP
Gail M. Ryan, Esq., Sloane and Walsh LLP
John P. Ryan, Esq., Sloane and Walsh LLP

Checklist 11.1
- “Do’s” and “Don’ts” for Closing Argument Buy Form

Exhibit 11A
- Examples of Closing Argument Buy Form

Chapter 12 expand

Trial Motion Practice
Buy Chapter
Jeffrey C. Melick, Esq., Kajko, Weisman & Colasanti LLP

Chapter 13 expand

Damages—Plaintiff’s Perspective
Buy Chapter
Michael B. Bogdanow, Esq., Meehan, Boyle, Black & Bogdanow, PC

Chapter 14 expand

Damages—Defendant’s Perspective
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Stephen M. O'Shea, Esq., McCarthy Kenney & Reidy, PC

Checklist 14.1
- Checklist for Deposition of Plaintiff Buy Form

Exhibit 14A
- Letter, Application for Court Order, and Proposed Court Order Pursuant to Superior Court Rule 13 Buy Form

Exhibit 14B
- Notice Letter to Counsel and Keeper of Records Subpoena for Medical Records Buy Form

Exhibit 14C
- Notice Letter to Counsel and Keeper of Records Subpoena for Health Insurance Records Buy Form

Exhibit 14D
- Subpoena for 30(b)(6) Deposition of Plaintiff’s Employer Buy Form

Exhibit 14E
- Keeper of Records Subpoena to Workers’ Compensation Insurer Buy Form

Chapter 15 expand

Trial Advocacy in Criminal Defense
Buy Chapter
Cathleen L. Bennett, Esq.,
Matthew J. Fleischner, Esq., Committee for Public Counsel Services

Checklist 15.1
- Step-by-Step Checklist: Prepare to Be an Effective Advocate for Your Defendant-Client at Trial Buy Form

Chapter 16 expand

Mediation and Arbitration
Buy Chapter
Joseph S. Berman, Esq., Office of the General Counsel, Massachusetts Board of Bar Overseers
Michelle R. Yu, Esq., Office of the General Counsel, Massachusetts Board of Bar Overseers
Editors & Authors

Editor(s)

David L. Ferrera, Esq., Nutter McClennen & Fish LLP, Boston

Author(s)

Joseph S. Berman, Esq., Office of the General Counsel, Massachusetts Board of Bar Overseers, Boston

William J. Dailey, III, Esq., Sloane and Walsh LLP, Boston

John Kenneth Felter, Esq.,

Matthew J. Fleischner, Esq., Committee for Public Counsel Services, Springfield

Robert Foster, Esq., Meehan, Boyle, Black & Bogdanow, PC, Boston

Michael B. Keating, Esq., Meehan, Boyle, Black & Bogdanow, PC, Boston

Andrew R. Levin, Esq., ArentFox Schiff LLP, Boston

Joseph D. Lipchitz, Esq., Saul Ewing LLP, Boston

Kelsey Marron, Esq., Saul Ewing LLP, Boston

Jeffrey C. Melick, Esq., Kajko, Weisman & Colasanti LLP, Lexington

Robert J. Muldoon, Jr., Esq.,

Stephen M. O'Shea, Esq., McCarthy Kenney & Reidy, PC, Boston

Stacey L. Pietrowicz, Esq., Sugarman and Sugarman, PC, Boston

Audrey Poore Joyce, Esq., Jones Kelleher LLP, Boston

Gail M. Ryan, Esq., Sloane and Walsh LLP, Boston

John P. Ryan, Esq., Sloane and Walsh LLP, Boston

Carol A. Starkey, Esq., Conn Kavanaugh Rosenthal Peisch & Ford LLP, Boston

Michelle R. Yu, Esq., Office of the General Counsel, Massachusetts Board of Bar Overseers, Boston

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Massachusetts Courtroom Advocacy

The ultimate guide to Massachusetts trial techniques

Massachusetts Courtroom Advocacy

The ultimate guide to Massachusetts trial techniques

Choose Format:

Product Description

Recent updates:

Table of Contents

An Introduction to Trial Advocacy

Preparing for Civil Trial in Massachusetts

Checklist 2.1

Checklist 2.2

Checklist 2.3

Exhibit 2A

Exhibit 2B

Exhibit 2C

Exhibit 2D

Exhibit 2E

Exhibit 2F

Exhibit 2G

Exhibit 2H

Exhibit 2I

Exhibit 2J

Jury Selection

Opening Statement

Introduction of Evidence

Checklist 5.1

Objections

Exhibit 6A

Exhibit 6B

Direct Examination

Checklist 7.1

Checklist 7.2

Checklist 7.3

Checklist 7.4

Checklist 7.5

Checklist 7.6

Exhibit 7A

Exhibit 7B

Cross-Examination

Exhibit 8A

Examination of Experts

Exhibit 9A

Closing Argument—Plaintiff’s Perspective

Exhibit 10A

Exhibit 10B

Exhibit 10C

Exhibit 10D

Exhibit 10E

Exhibit 10F

Exhibit 10G

Exhibit 10H

Exhibit 10I

Closing Argument—Defendant’s Perspective

Checklist 11.1

Exhibit 11A

Trial Motion Practice

Damages—Plaintiff’s Perspective

Damages—Defendant’s Perspective

Checklist 14.1

Exhibit 14A

Exhibit 14B

Exhibit 14C

Exhibit 14D

Exhibit 14E

Trial Advocacy in Criminal Defense

Checklist 15.1

Mediation and Arbitration

Editor(s)

Author(s)