Massachusetts Law Updates

Official Blog of the Massachusetts Trial Court Law Libraries

Category Archives: Civil Procedure

DACA and Advice for Immigrant Families in Massachusetts Posted on Sep 8

The Deferred Action for Childhood Arrivals (DACA) program was established by the Department of Homeland Security (DHS) in a June 15, 2012 Memorandum . In the Memorandum, the DHS “announced that certain individuals without a lawful immigration status who were brought to the United States   …Continue Reading DACA and Advice for Immigrant Families in Massachusetts

Governor’s Power to Pardon Posted on Aug 31

The power to grant executive clemency for offenses violating state law, including both pardons and commutations, is held in Massachusetts by the governor, with the advice and consent of the Massachusetts Governor’s Council. The governor’s power to pardon is rooted in the Constitution of the   …Continue Reading Governor’s Power to Pardon

Executive Order 13769: Issuing, Modifying and Revoking Posted on Mar 15

On January 27, 2017, President Trump issued Executive Order 13769, “Protecting the Nation From Foreign Terrorist Entry Into the United States” . It provides an example of an order that was issued, modified and revoked. On February 3, 2017, the U.S. District Court for the Ninth   …Continue Reading Executive Order 13769: Issuing, Modifying and Revoking

Presidential Executive Orders: Issuing, Modifying and Revoking Posted on Mar 14

“While the President’s ability to use executive orders as a means of implementing presidential power has been established as a matter of law and practice, it is equally well established that the substance of an executive order, including any requirements or prohibitions, may have the   …Continue Reading Presidential Executive Orders: Issuing, Modifying and Revoking

Mass. Guide to Evidence eBook now available Posted on Mar 7

Mass. Guide to Evidence eBook now available

The new 2017 edition of the Massachusetts Guide to Evidence is available now for your mobile device.  It is available for iOS, android, and Kindle devices, and is also available as a pdf with links to cases and statutes. The 2017 Edition is here. In   …Continue Reading Mass. Guide to Evidence eBook now available

New Appeals Court Order: Fewer Copies Required Posted on Aug 1

Effective August 1, the Appeals Court has issued an Order Governing Number of Copies of Brief and Record Appendix to be Filed. It says, in part: “Notwithstanding the requirement in Mass. R. App. P. 19(b)(1) that 7 copies be filed, hereafter only 4 copies of   …Continue Reading New Appeals Court Order: Fewer Copies Required

Appeals from Decisions of State Agencies Posted on Jun 6

An appeal from an administrative agency decision, also referred to as a “30A appeal,” or a request for “judicial review of an administrative agency decision,” is what you file in the Superior Court when you want a judge to review a final decision made by   …Continue Reading Appeals from Decisions of State Agencies

Words of caution for those filing civil suits Posted on Feb 18

Failure to state a claim can be the downfall of those who file a civil suit. When drafting a complaint in Massachusetts, the statement of claim(s) is an essential part of the complaint. Without a viable cause of action, a civil suit will be unable   …Continue Reading Words of caution for those filing civil suits

New Procedure for Verifying Address, Certain District Court Cases Posted on Oct 9

New 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 notice, and has an opportunity to be heard prior to default judgment.  It   …Continue Reading New Procedure for Verifying Address, Certain District Court Cases

Preventing Trial by Ambush Posted on Jun 1

“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. Discovery enables the parties to know before the trial begins what evidence may be presented.   …Continue Reading Preventing Trial by Ambush