Preventing Trial by Ambush
“To begin preparing for trial, both sides engage in discovery. This is the formal process of exchanging information between the parties about the witnesses and evidence they’ll present at trial....
View ArticleCriminal Procedure Rule 23: Stipulations, effective July 1, 2015
The text of new Rule 23 and the initial paragraph of the Reporter’s Notes, which explains the reason for its creation is reproduced here: (a) Essential Elements. Any stipulation to an essential element...
View ArticleRecent Changes to the Bankruptcy Rules
Pursuant to Standing Order 2015-04, Chapter 13 Rule 13-20 of the Massachusetts Local Bankruptcy Rules is rescinded and replaced; and Standing Order 2015-05 has added Official Local Form 18: Notice of...
View ArticleComments Invited on Proposed Court Rule Change
“The Supreme Judicial Court Rules Committee invites public comments on proposed revisions to Supreme Judicial Court Rule 3:11, Committee on Judicial Ethics. The proposed revisions are intended to...
View ArticleComments Invited on Proposed Court Rule on Personal Identifying Information
The Supreme Judicial Court’s Standing Advisory Committee on the Rules of Civil and Appellate Procedure (SAC) invites comments on a proposed new rule, SJC Rule 1:24, Personal Identifying Information....
View ArticleFree Books for Your Mobile Device
The Massachusetts Trial Court Law Libraries began posting the court rules on the web as eBooks in 2012. We believe we were the first state in the nation to do so. The rules are formatted for any...
View ArticleUniform Rules of Impoundment Procedure
Changes to the Uniform Rules of Impoundment Procedure go into effect today. The extensive changes were approved by the Massachusetts Supreme Judicial Court on April 24, 2015. The Uniform Rules now...
View ArticleNew Procedure for Verifying Address, Certain District Court Cases
A new standing order (2-15) has gone into effect for verifying a defendant’s address in certain District and Boston Municipal Court. The purpose as stated is to insure that the defendant receives...
View ArticleComments Invited on Proposed Court Rule Changes
The Supreme Judicial Court’s Standing Advisory Committee on the Rules of Civil and Appellate Procedure (SAC) invites comments on proposed amendments to Mass. R. Civ. P. 26(b) and Mass. R. Civ. P. 1....
View ArticleComments Requested on Parenting Coordination Standing Order
The Probate and Family Court is seeking public comment and suggestions concerning the proposed Parenting Coordination Standing Order. In Bower v. Bournay-Bower, 469 Mass. 690, 707 (2014), the Supreme...
View ArticleComments Invited on Proposed Changes to Civil Rule 34
“The Supreme Judicial Court’s Standing Advisory Committee on the Rules of Civil and Appellate Procedure (SAC) invites comments on proposed amendments to Mass. R. Civ. P. 34. As described in the...
View ArticleLimited Electronic Filing Allowed at the BMC
The Brighton Division of the Boston Municipal Court Department recently created an electronic filing pilot project for civil matters only. The project is pursuant to the provisions of G.L. c. 211B, s....
View ArticleComments Invited on Proposed Rules on Public Access to Court Records
The Trial Court Committee on Public Access to Court Records invites comments on proposed Trial Court Rule XIV, Uniform Rules on Public Access to Court Records. Proposed Trial Court Rule XIV consists...
View ArticleNew Superior Court Guidelines for Probation Violation Proceedings
Effective February 1, 2016, the Massachusetts Superior Court has new Guidelines for Probation Violation Proceedings. The new procedures are to be followed : …upon the allegation of a violation of an...
View ArticleEx Parte Communications with Specialty Court Teams
This week, the Massachusetts Trial Court released new Standing Order 1-16: Authority of the Judge with Respect to Communication with Specialty Court Teams which allows “A judge presiding over a...
View ArticleExtension until May 4 for Comments on Proposed Public Access to Court Record...
In response to requests for extensions of time, the Trial Court Committee on Public Access to Court Records has extended the comment period for all comments on proposed Trial Court Rule XIV, Uniform...
View ArticleFrivolous Lawsuits
If one files a frivolous claim in court, the court shall award to the defending party “an amount representing his reasonable costs, expenses and effort in defending against such claims“. According to...
View ArticleComments Sought on Proposed Amendments to SJC Rule 3:10 Assignment of Counsel
The Committee for Public Counsel Services proposed certain amendments to S.J.C. Rule 3:10, Assignment of Counsel. To review the proposed amendments and to examine other issues related to...
View ArticleInvitation to Comment on Proposed Land Court Rule 14: Binding Summary...
The Land Court invites comments on proposed Land Court Rule 14: Binding Summary Decision Following Bench Trial. Based on the efforts of the Land Court’s Alternative Litigation Options Working Group,...
View ArticleComments Sought on Proposed Changes to Rules for Civil Commitment Proceedings...
The Chief Justice of the Trial Court invites comments on the proposed amendments to Uniform Trial Court Rules for Civil Commitment Proceedings for Alcohol and Substance Abuse under G.L. c. 123, § 35....
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