Product Description

Recent updates:

• Update: January 2026

  Dear Subscriber:

  Thank you for updating your library with the 2025 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

  • waiver of privilege in connection with advice of counsel or inadvertent disclosure;

  • the court's discretion to regulate the scope and substance of closing arguments;

  • case law governing the use of peremptory challenges;

  • the use of "confirming circumstances" to establish the authorship of social media posts;

  • a new formal opinion from the American Bar Association on generative artificial intelligence;

  • the importance of avoiding unwarranted sidebar conferences;

  • amendments to Fed. R. Evid. 702 in 2023 re-emphasizing the court's role as gatekeeper in evaluating the reliabil-ity of expert testimony;

  • email as an effective means of service under the rules of civil procedure;

  • the distinction between persons in the "zone of danger" and mere bystanders in assessing claims for recovery in tort;

  • appellate review of attorney-conducted voir dire;

  • policies for the handling of fentanyl and carfentanil in court proceedings; and

  • case law on the enforceability of agreements to arbitrate.

  We trust you will find this latest version of Massachusetts Courtroom Advocacy an invaluable resource for your busy practice.

  Cordially,

  MCLE Press

Table of Contents

Chapter 01 expand

An Introduction to Trial Advocacy

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Robert J. Muldoon, Jr., Esq.,

Chapter 02 expand

Preparing for Civil Trial in Massachusetts

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John Kenneth Felter, Esq.,

Checklist 2.1

- Witness Preparation Checklist Buy Form

Checklist 2.2

- Due Diligence 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 Seventh 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 03 expand

Jury Selection

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Joseph D. Lipchitz, Esq., Saul Ewing LLP
Kelsey M. Westrich, Esq., Saul Ewing LLP

Chapter 04 expand

Opening Statement

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

Chapter 05 expand

Introduction of Evidence

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Andrew R. Levin, Esq., ArentFox Schiff LLP

Checklists 5.1

- Practical Suggestions for Organizing Your Presentation of Evidence Buy Form

Chapter 06 expand

Objections

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Jeffrey C. Melick, Esq.,

Exhibit 6A

- Common Objections to Documentary Evidence Buy Form

Exhibit 6B

- Some Common Objections to Testimony Buy Form

Chapter 07 expand

Direct Examination

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

Checklist 7.1

- Common Pretrial Issues in Criminal Cases Buy Form

Checklist 7.2

- Rules for Witnesses Facing Cross-Examination Buy Form

Checklist 7.3

- Preparing Your Witness for Trial Buy Form

Checklist 7.4

- Common Objections and Issues in the Use of Digital Photography Buy Form

Checklist 7.5

- Common Objections and Issues: Use of Video Buy Form

Checklist 7.6

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

Checklist 7.7

- 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 08 expand

Cross-Examination

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

Exhibit 8A

- Resources Buy Form

Chapter 09 expand

Examination of Experts

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Audrey Poore Joyce, Esq., Jones Kelleher LLP

Exhibit 9A

- Suggested Forms for Opinion Questions Buy Form

Chapter 10 expand

Closing Argument—Plaintiff’s Perspective

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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

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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

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Jeffrey C. Melick, Esq.,

Chapter 13 expand

Damages—Plaintiff’s Perspective

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

Chapter 14 expand

Damages—Defendant’s Perspective

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Stephen M. O'Shea, Esq., Martin, Magnuson, McCarthy & Kenney

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

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Zachary Cloud, Esq., Committee for Public Counsel Services
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

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Joseph S. Berman, Esq.,
Michelle R. Yu, Esq., Office of the General Counsel, Massachusetts Board of Bar Overseers

Editor(s)

Author(s)