Massachusetts Law Updates

Official Blog of the Massachusetts Trial Court Law Libraries

Category Archives: Civil Procedure

The Law Against Lying and False News in Colonial Massachusetts Posted on May 7

Lying or spreading “false news” was treated as a crime in colonial Massachusetts.  In 1645 the Massachusetts Bay Colony passed a law which stated: “Whereas truth in words as well as in actions is required of all men, especially of Christians, who are the professed   …Continue Reading The Law Against Lying and False News in Colonial Massachusetts

Witchcraft law up to the Salem witchcraft trials of 1692 Posted on Oct 31

Early in 1692, a group of girls in Salem Village (now the town of Danvers) began to accuse people of witchcraft.  Accusations swelled, and soon, many people had been examined and jailed, awaiting trial. What laws were followed during the Salem witch trials of 1692? Under   …Continue Reading Witchcraft law up to the Salem witchcraft trials of 1692

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

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

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

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