W O R K S H O P
Judge William G. Young on Using
the Rules of Evidence to Persuade
Join Judge William G. Young of the U.S. District Court for this
new series on evidence and trial practice. Using the Rules of
Evidence to Persuade is a three-week series taking you through
discovery, motion practice and trial. Don’t miss this unique
opportunity to hear from one of the federal bench’s most
inspirational lecturers.
Thursday, March 26: Evidence and Discovery
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u
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The theory of relevance; logical and legal relevance; burdens of
proof; standards of proof; the prima facie case; the burdens of
production and persuasion; character evidence; methods of
proof; limitations on character evidence; mathematical
evidence; habit and routine practice; evidence relevant but
inadmissible; subsequent repairs; settlement negotiations; guilty
pleas; insurance; doctrine of the collateral source; rape shield
provisions.
Trial preparation; interrogatory and deposition practice; video depositions; physical examinations;
requests for entry on land, requests for admission; litigation support services; preparation of charts,
summaries, and demonstrative aids; the time line; “waves” of discovery; multi district litigation
practice; preparation of the trial book.
Experts; the law of expert testimony; the GHOSTO rule; recent developments; qualifying the
expert; eliciting and explaining the expert opinion; cross-examination of experts.
Thursday, April 9: Evidence and Motion Practice
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Motion practice; forum shopping; District of Massachusetts Cost and Delay Reduction Plan;
motions to dismiss for summary judgment, preliminary injunction; class certification; written
and oral advocacy of motions.
u Privileges and confidential data; assertion and waiver of privileges; statutory and common law
privileges; developing privileges.
u Presumptions and judicial notice; inferences, presumptions, prima facie evidence; conclusive
relationships based on social policy; the rule of deference to legislative fact-finding.
Thursday, April 16: Evidence at Trial
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Trial procedures; jury empanellment; taking objections and making the record; motions for
directed verdicts; requests for jury instructions and findings and rulings; time limits; roles of the
courtroom deputy clerk and court reporter and how they can help you.
u Direct and cross-examination techniques; the five Ws; use of leading questions; structuring the
direct & cross-examination; order of witnesses; the adverse witness; scope of interrogation.
u Impeachment; grounds for impeachment and techniques; prior inconsistent statements; the
three Cs; use of prior convictions; impeachment through extrinsic evidence; impeaching
demonstrative evidence.
u Theory of rule against hearsay; the M theory; out of court; assertive conduct; offered for the
truth; four major groups of exceptions; hearsay within hearsay; rebutting hearsay testimony; role
of the confrontation clause; prior statements of witnesses; admissions; “reliable” exceptions;
“necessary” exceptions.
u Evidentiary foundations; the ARBPHU rule; the submission and use of tangible evidence.
u Arguments at trial; the opening statement; timing issues; closing argument; argument in rebuttal.
TU ITI ON includes written materials*
u $245
u $220.50
MCLE Sponsor Members
New lawyers admitted to law
practice after 2012,
New 50% discount! pending admittees
Exclusively for
and law students
u $122.50
new lawyers
Earn up to 6 CLE credits
*To receive the eBook instead of the print book of the MCLE manual accompanying this program, please register for the
program online at www.mcle.org and select your preferred format.
INSTRUCTOR
William G. Young, District Judge of
the U.S. District Court, District of
Massachusetts, has been an active
trial judge, serving on both the
Massachusetts Superior Court and the
U.S. District Court. A longtime teacher
of evidence and trial advocacy, he is a
member of the faculty of Boston College
and Boston University law schools and has
frequently served as a trial advocacy team
leader at Harvard Law School and in
MCLE’s Trial Advocacy Workshop. He is the
author of numerous MCLE publications,
including the highly acclaimed Reflections
of a Trial Judge. An electrifying lecturer,
Judge Young has specifically crafted this
program to distill the very best of his forty
years of teaching into a small group
discussion format.
BOSTON
4:30 p.m. – 6:30 p.m.,
Thursdays, March 26, April 9 &
April 16, 2015
John Joseph Moakley Courthouse
Judge Young’s Chambers
Courtroom 18—5th Floor
Program No. 2150218P01
Take this program and get this
book—a $165 value—FREE!
Massachusetts Evidence:
A Courtroom Reference
Massachusetts Evidence: A
Courtroom Reference is a
comprehensive guide to the
admissibility of evidence—
presented by authors who have
confronted these issues in the crucible of
the courtroom. Judicial commentary from
experienced Massachusetts trial court
judges provides an insightful and highly
practical perspective on the handling of
evidence at trial. On-line updates are
provided to brief the reader on evidentiary
developments throughout the year.
Designed to assist Massachusetts
courtroom lawyers at every stage of their
careers, Massachusetts Evidence: A Courtroom
Reference is a trusted companion for
evidentiary practice in Massachusetts.
With MCLE’s supplementation service, new
supplements are mailed automatically with an
invoice. If you do not wish to subscribe, please
note on order form.
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JUDGE WILLIAM G. YOUNG ON USING THE RULES OF EVIDENCE TO PERSUADE
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Judge William G. Young on Using the
Rules of Evidence to Persuade