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ADVANCED EVIDENTIARY ISSUES UNDER THE GUIDE:
A NEW ERA OF EVIDENCE LAW

Sponsored with the Macaronis Institute for Trial and Appeallate Advocacy and Flaschner Judicial Institute

Please Note: This course has already been held.

Date: Friday, February 27, 2009

Location: Suffolk University Law School, 120 Tremont St., Boston, MA
Time: 09:30 AM - 04:30 PM

Faculty
Schedule/Agenda
Registration Information

With the advent of the Massachusetts Guide to Evidence, the practice of civil and criminal law will probably see its greatest change since the adoption of the Rules of Civil and Criminal Procedure. The Guide has compiled, and consolidated, scores of statutes scattered throughout our General Laws and over two centuries of caselaw and placed them into one easy to use manual. While the law of evidence has not substantively changed, how such issues are presented in court surely will.

To give you the inside views to the Guide and explore its application to practice, The Macaronis Institute for Trial and Appellate Advocacy, is pleased to present a two part program. The first session, chaired by Appellate Court Judge R. Marc Kantrowitz, the head of the SJC Advisory Committee which wrote the Guide, provides an overview of the Committee’s work, and a focus on Articles 400 (Relevancy), 500 (Privileges), 600 (Witnesses), 800 (Hearsay) and troublesome evidentiary issues.

The second session, chaired by former SJC Justice John M. Greaney, delves into challenging evidentiary issues including admissibility, opinion and expert testimony (Article 700), complex hearsay issues, including Crawford and its progeny, and real, demonstrative, and documentary evidence. All litigators will benefit from the in-depth look at thorny evidentiary issues by our expert panel of judges, lawyers, and academics.

Attend and Learn:
  • How the Guide can be utilized to help your practice
  • How to frame requests for admission and objections under the Guide
  • How to handle common difficult evidentiary problems
  • The latest developments in the law of evidence

For more information about the first session, please click HERE

  F A C U L T Y

  Honorable John M. Greaney, (ret.), Chair
  Director, Macaronis Institute for Trial and Appellate Advocacy
   
  Professor Michael Avery
  Suffolk University Law School, Boston, MA
   
  The Honorable Daniel A. Ford
  Superior Court
   
  Michael B. Keating, Esq.
  Foley Hoag LLP, Boston, MA
   
  The Honorable David A. Lowy
  Superior Court
   
  Tracy A. Miner, Esq.
  Mintz Levin, P.C., Boston, MA
   
  Mary K. Ryan, Esq.
  Nutter, McClennen & Fish LLP, Boston, MA
   
  S C H E D U L E / A G E N D A

9:30 WELCOME & INTRODUCTIONS
The Honorable John M. Greaney, Chair



9:45 MACHINERY AT TRIAL
  • Objections, Motions to Strike and Offers of Proof
  • Laying the Foundation - Preliminary Questions of Fact
  • Limited Admissibility
  • Curative Admissibility
  • Motions to Suppress
The Honorable Daniel A. Ford



10:15 PANEL DISCUSSION

10:45 OPINION AND EXPERT EVIDENCE
  • Daubert/Lanigan Hearings
  • Opinions on Ultimate Issues
  • When Is Expert Testimony Necessary
  • Foundations
  • Qualifications
  • Opinions Based on Admissible Facts
  • What Experts Can Testify to
Attorneys Michael Keating and Mary Ryan



11:45 PANEL DISCUSSION

12:30 Q & A

12:45 LUNCH (on your own)

1:45 HEARSAY
  • Crawford
  • Difficult Issues
Professor Michael Avery



2:15 PANEL DISCUSSION

2:30 REAL, DEMONSTRATIVE AND DOCUMENTARY EVIDENCE
  • Authenticity and Chain of Custody
  • Circumstantial Use
  • Consequences of Destruction
  • Demonstrations, Views
  • Email and Electronic
  • Production of Original Excused
  • Multiple Originals
Attorney Tracy Miner



3:00 PANEL DISCUSSION

3:30 THORNY ISSUES ARISING AT TRIAL
The Honorable David A. Lowy



4:00 PANEL DISCUSSION

4:15 Q & A

4:30 CONCLUDE

  G E N E R A L   I N F O

Date:  

Friday, February 27, 2009

Tuition:  

Tuition is $129.00 for one session or $199.00 for both. For Suffolk Alumni and attorneys admitted to the bar after 2006, the tuition is $99.00 for one session or $149.00 for both. Tuition includes a copy of the guide. If you are registering for both sessions, the discount will be taken manually after registration forms are submitted.

IMPORTANT INFORMATION IF YOU'RE PAYING WITH A CHECK:
Suffolk University processes checks electronically using the information on the check to create an electronic funds transfer. Each time you send a check, you authorize a one time transfer of funds to be electronically withdrawn from your bank account. You will not receive your cancelled check as Suffolk University is required to destroy the check after it has been processed. For more information please contact the Office of the Bursar at 617-573-8407.



Walk-Ins:  

Space is limited. Registrations at the door are welcome, but please register in advance to reserve a seat and your written course materials or call to confirm space availability.



Refunds:  

If for some reason you are not able to attend, you may send a substitute or call no later than the business day before to receive a refund less a $15.00 cancellation fee. Otherwise you will receive the book.



Location:  

Suffolk University Law School, 120 Tremont St., Boston, MA



Credit:  

This course will provide CLE Credit in RI, NH, VT & ME.



Special
Needs:
 

If you have special needs addressed by the Americans with Disabilities Act, please notify us as soon as possible.



Scholarships:  

Are available to any attorney or professional employed in public service, or unable to afford the tuition. For more information, call 617-573-8627.




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