Massachusetts Law Updates

Official Blog of the Massachusetts Trial Court Law Libraries

Category Archives: Civil Procedure

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

Amendments to the Federal Rules effective December 1, 2014 Posted on Dec 13

According to United States Courts’ website, “a number of amendments to the Federal Rules of Practice and Procedure and official bankruptcy forms became effective December 1, 2014. The changes to the Federal Rules follow recommendations by the Judicial Conference of the United States, review by the Supreme   …Continue Reading Amendments to the Federal Rules effective December 1, 2014

How Much Time is Allowed for this Civil Action? Posted on Nov 28

Massachusetts Pleading and Practice: Forms and Commentary just added a Timetable section by Raymond P. Austrotas to volume 1. It includes practice commentary and cross references to the Massachusetts Rules of Civil Procedure and the Massachusetts Rules of Appellate Procedure. The Timetable has columns for   …Continue Reading How Much Time is Allowed for this Civil Action?

The importance of the civil action cover sheet Posted on Oct 21

A recent superior court decision has underlined the importance of a full and accurate reporting of the injuries on the Civil Action Cover Sheet.  The form requires a listing of expenses as well as a description of the injury, including the nature and extent. In Stankiewicz   …Continue Reading The importance of the civil action cover sheet

Filling out the Superior Court Civil Action Cover Sheet Posted on Jul 12

A Civil Action Cover Sheet must be filed in each civil case entered into Superior Court. Its purpose is to assist the Clerk’s office by providing basic contact information for the parties, as well as: (1) the category of case (e.g., contract/business cases, equitable remedies,   …Continue Reading Filling out the Superior Court Civil Action Cover Sheet

Pre -trial security for judgments Posted on Apr 12

Concerned whether you’ll be able to recover on your judgment after your trial is over and judgment issues? Here are some pre-trial security steps to consider: Massachusetts Rule of Civil Procedure 4.1A ttachment (a)Availability of Attachment. Subsequent to the commencement of any action under these   …Continue Reading Pre -trial security for judgments