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
“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
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
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
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
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
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
“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
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
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?
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