A Practical Guide to Introducing Evidence in Massachusetts

Trusted guidance for every stage of your trial

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:

In this revised edition, you will find practical discussion, case law, and insights on topics such as the following:

Preserving the record for appeal.

See chapter 4 for a suggestion regarding making offers of proof to fill in gaps following a ruling on motions in limine. A 2023 case decision is cited. The chapter also offers a 2023 case pertinent to the use of motions in limine in criminal cases, where they can serve as a method for seeking a ruling on the admissibility of prior convictions.

Witness incompetency.

Chapter 5 discusses practical considerations inherent in the use of voir dire as a tool to challenge a witness's competence.

Fresh complaint.

Chapter 6 offers a 2024 case decision where a modified version of the "fresh complaint" doctrine, known as the "first complaint" doctrine, is addressed.

Character witnesses.

In chapter 8, there is an updated sample examination in which a defendant in a criminal case is questioning a character witness.

Prior conviction.

Chapter 9 includes discussion of a 2024 decision addressing facts where a prior conviction is of the same or a very similar crime to the one being alleged at trial, and admissibility issues where the prejudicial effect of its admission outweighs its probative value.

"Testimonial" statements.

See chapter 12 for discussion of litigation on "testimonial" statements, those made under circumstances that would lead an objective witness reasonably to believe that the statement would be available for use at a later trial. The chapter refers to a primary purpose test to determine whether a statement is testimonial or nontestimonial and offers a 2023 case on the topic.