Massachusetts Law Updates

Official Blog of the Massachusetts Trial Court Law Libraries

Monthly Archives: December 2010

New Bicycle Law Effective Tomorrow Posted on Dec 31

MGL c.85, § 11E, governing traffic citations for bicyclists, becomes effective on January 1, 2011. The law provides: A cyclist stopped by a police officer must give his name and address. A police officer witnessing a traffic violation by a cyclist should use the same procedure   …Continue Reading New Bicycle Law Effective Tomorrow

We Had to Look It Up Posted on Dec 24

Today’s Boston Globe includes an article on people who “harvest” deer killed in accidents, and includes the statement “Massachusetts law requires that the driver of the car get first dibs on the deer.” Really? Yes, really. 321 CMR 2.04 provides that an “eligible person” has   …Continue Reading We Had to Look It Up

New Homestead Law Posted on Dec 20

Last week, Gov. Patrick signed a significant new homestead law, St.2010, c.395, which will take effect next March. Here are some highlights: Automatically protects up to $125,000 in home equity without filing Protects up to $500,000 for those who file for homestead protection Allows spouses   …Continue Reading New Homestead Law

Child Custody and Parental Relocation Posted on Dec 15

Yesterday, in Smith v. McDonald, the SJC decided a case in which an unmarried mother moved out of state with her child before paternity was adjudicated, and without the permission of the putative father.  The court held: Permission to relocate, however, is not required when   …Continue Reading Child Custody and Parental Relocation

DNA Indictment Tolls Statute of Limitations Posted on Dec 10

Yesterday, in Comm. v. Jerry Dixon, the Supreme Judicial Court ruled that the return of a DNA indictment tolled the 15 year statute of limitations in a rape case. In so holding, the court wrote: Where a general John Doe indictment, bereft of any particularity,   …Continue Reading DNA Indictment Tolls Statute of Limitations