Product Description

Recent updates:

• Update: October 2023

  Dear Subscriber:

  Thank you for choosing to stay current with Massachusetts Superior Court practice with this 2023 revised edition of the Massachusetts Superior Court Civil Practice Manual . Inside, you will find new material on topics including the following:

  • Attachment. See chapter 4 for a note concerning a 2021 case in which a plaintiff successfully employed the doctrine of piercing the corporate veil to attach real estate owned by the defendant corporation's officer and director.

  • Homestead exemption. Also in chapter 4 is a new discussion of a change in the homestead exemption requiring, among other things, that the owner of the subject real estate, including all remainder persons, have a present, vested, and noncontingent interest.

  • Defenses asserted by motion. See chapter 6 for a 2023 case where the defendant moved for lack of subject matter jurisdiction, and the court ruled regarding submission of extra-complaint materials as attachments to the affidavit.

  • Anti-SLAPP suits; admissibility of statements made to parties. Chapter 6 addresses a 2023 case where the court ruled on the admissibility of statements made to private individuals prior to the filing of complaints with government entities. Also in chapter 6 is a 2023 case addressing G.L. c. 231, § 59H and whether the awarding of costs and reasonable attorney fees is mandatory.

  • Deposition procedure. Chapter 8 includes an important reminder with regard to the timeliness of signing depositions, and an amended rule on this subject that counsel must heed in order to avoid a misstep with regard to multiday depositions.

  • Video depositions. Also in chapter 8 is a new exhibit that provides a model for notice of the taking of an audiovisual deposition.

  • Demonstrative evidence. In chapter 12, find a discussion of alternative ways of authenticating evidence that can expedite the trial and obviate the need to call a witness at trial solely to provide authentication.

  • Enhancement of photographic evidence. Chapter 12 cites a 2022 case where authentication and relevance were issues with regard to photographs taken digitally and computer-enhanced.

  • Computer-generated simulation. Chapter 12 addresses instances where the court, in deciding whether to permit a party to use a computer-generated simulation, considered the underlying evidentiary foundation, and provides a tip for counsel attempting to offer such models.

  • Duty to preserve ESI discovery. Chapter 19 cites a key 2023 case about when the duty to preserve attaches in a civil matter.

  These are just a few of the topics covered and updated in this revised edition. We trust that you will find it useful in your civil litigation practice, and valuable in keeping your law library current.

  Cordially,

  MCLE Press

Table of Contents

Chapter 01 expand

Practicing in the Superior Court

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Michael B. Keating, Esq., Meehan, Boyle, Black & Bogdanow, PC

Chapter 02 expand

Trial Advocacy

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Daniel K. Gelb, Esq., Gelb & Gelb LLP
Gail Kleven Gelb, Esq., Gelb & Gelb LLP
Richard M. Gelb, Esq., Gelb & Gelb LLP
Richard S. Loftus, Jr., Esq., Hirsch Roberts Weinstein LLP

Chapter 03 expand

Drafting Pleadings

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Sarah-Elizabeth H. Cloutier, Esq., Kurker Paget LLC
Anne L. Josephson, Esq., Kotin, Crabtree & Strong LLP

Exhibit 3A

- Civil Action Cover Sheet Buy Form

Exhibit 3B

- Summons to Defendant Buy Form

Exhibit 3C

- Notice of Appearance with Certificate of Service Buy Form

Exhibit 3D

- Service of Summons by Publication Buy Form

Exhibit 3E

- Sample Complaint Buy Form

Chapter 04 expand

Obtaining Pretrial Security

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Peter H. Sutton, Esq., Riemer & Braunstein LLP

Chapter 05 expand

Injunctive Relief

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Brandon F. White, Esq., Foley Hoag LLP

Exhibit 3F

- Sample Answer to Verified Complaint Buy Form

Exhibit 5A

- Motion for a Temporary Restraining Order Buy Form

Exhibit 5B

- Motion for Preliminary Injunction Buy Form

Exhibit 5C

- Verified Complaint Buy Form

Exhibit 5D

- Motion for Appointment of a Special Process Server Buy Form

Exhibit 5E

- Motion for a Short Order of Notice Buy Form

Exhibit 5F

- Standstill Agreement Buy Form

Exhibit 5G

- Confidentiality Stipulation Buy Form

Chapter 06 expand

Dispositive Motions

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Nelson G. Apjohn, Esq., Nutter McClennen & Fish LLP
Melanie Woodward, Esq., Nutter McClennen & Fish LLP

Exhibit 6A

- Defendant’s Motion to Dismiss Certain Counts of Plaintiff’s Complaint Buy Form

Exhibit 6B

- Memorandum of Law in Support of Defendant’s Motion to Dismiss Certain Counts of Plaintiff’s Complaint Buy Form

Exhibit 6C

- Defendant’s Notice of Motion to Dismiss Buy Form

Exhibit 6D

- Defendant’s Motion for Summary Judgment Buy Form

Exhibit 6E

- Memorandum of Law in Support of Defendant’s Motion for Summary Judgment Buy Form

Exhibit 6F

- Defendant’s Statement of Material Facts as to Which There Is No Genuine Issue to Be Tried Pursuant to Superior Court Rule 9A(b)(5) Buy Form

Exhibit 6G

- Defendant’s Motion for Judgment on the Pleadings Buy Form

Exhibit 6H

- Memorandum of Law in Support of Defendant’s Motion for Judgment on the Pleadings Buy Form

Exhibit 6I

- Special Motion to Dismiss (Anti-SLAPP Statute) Buy Form

Chapter 07 expand

Other Rule 9A Motions

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Barbara Hayes Buell, Esq., Smith Duggan Cornell & Gollub LLP

Exhibit 7A

- Defendants’ Joint Certificate of Compliance Pursuant to Superior Court Rule 9C Buy Form

Exhibit 7B

- Defendant’s Assented to Motion for Entry of Separate and Final Judgment Buy Form

Exhibit 7C

- Defendant’s Motion for Entry of Separate and Final Judgment Pursuant to Mass. R. Civ. P. 54(b) (Medical Malpractice Case) Buy Form

Exhibit 7D

- Defendants’ Joint Motion to Dismiss Pursuant to Mass. R. Civ. P. 33(a) and 54(b) Due to Failure to Answer Discovery Requests Buy Form

Exhibit 7E

- Plaintiff’s Motion to Vacate Judgment Buy Form

Exhibit 7F

- Plaintiff’s Notice of Motion Pursuant to Superior Court Rule 9E Buy Form

Exhibit 7G

- Petition for Approval of Third-Party Settlement Buy Form

Exhibit 7H

- Petition for Settlement Approval Buy Form

Exhibit 7I

- Motion and Supporting Statement of Reasons to Sever Buy Form

Exhibit 7J

- Motion and Statement of Reasons to Bifurcate Buy Form

Exhibit 7K

- Motion to Consolidate Buy Form

Exhibit 7L

- Statement of Reasons in Support of Motion to Consolidate Buy Form

Exhibit 7M

- Motion for Leave to Proceed Under Pseudonyms and to Impound the Record Buy Form

Exhibit 7N

- Statement of Reasons in Support of Motion for Leave to Proceed Under Pseudonyms and to Impound the Record Buy Form

Exhibit 7O

- Defendants’ Motion for Protective Order as to Notice of Deposition; Rule 9A Statement of Reasons; Rule 9A Request for Hearing; Rule 9C Certificate of Compliance Buy Form

Exhibit 7P

- Motion to Quash Plaintiff’s Deposition Notices Buy Form

Exhibit 7Q

- Defendant’s Motion for Continuance of Trial Date, Assented to by Plaintiff Buy Form

Exhibit 7R

- Motion for Protective Order Regarding Depositions of Nonparty Witnesses Buy Form

Exhibit 7S

- Statement of Reasons in Support of Motion for Protective Order Regarding Depositions of Nonparty Witnesses Buy Form

Exhibit 7T

- Third-Party Plaintiff’s Motion for Leave of Court to File Third-Party Complaint Buy Form

Exhibit 7U

- Statement of Reasons in Support of Third-Party Plaintiff’s Motion for Leave of Court to File Third-Party Complaint Buy Form

Exhibit 7V

- Motion to Withdraw as Counsel Buy Form

Exhibit 7W

- Defendant’s Motion to Compel Production of Documents Buy Form

Chapter 08 expand

Preparing Discovery

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Laura R. Studen, Esq., Burns & Levinson LLP
Christopher Wurster, Esq., Rubin and Rudman LLP

Checklist 8.1

- Deposition of Plaintiff Buy Form

Exhibit 8A

- Notice of Oral Deposition and Schedule A Buy Form

Exhibit 8B

- Notice of Video Deposition Buy Form

Exhibit 8C

- Assented-to Motion for Court Approval for Taking Audiovisual Expert’s Deposition for Use at Trial Buy Form

Exhibit 8D

- Plaintiff’s Interrogatories Propounded to Defendant Buy Form

Exhibit 8E

- Defendants’ First Set of Interrogatories Propounded to the Plaintiff (Personal Injury) Buy Form

Exhibit 8F

- Plaintiff’s Request for Admissions Buy Form

Exhibit 8G

- Plaintiff’s Request for the Production of Documents Propounded to Defendant Buy Form

Exhibit 8H

- Plaintiff’s Objection to Defendants’ Filing of Defendants’ Motion to Conduct Supplementary Discovery Buy Form

Chapter 09 expand

Discovery Motions

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Gregory R. Browne, Esq., Todd & Weld LLP
Nicholas B. Carter, Esq., Todd & Weld LLP
Maria Davis, Esq., Todd & Weld LLP

Exhibit 9A

- Memorandum in Support of Motion to Compel Discovery Buy Form

Exhibit 9B

- Memorandum in Support of Motion for Sanctions for Failure to Comply with Order to Provide Discovery Buy Form

Exhibit 9C

- Defendant’s Motion to Compel Responses to Discovery by Defendant Buy Form

Exhibit 9D

- Memorandum in Support of Defendant’s Motion to Compel Production of Documents Plaintiff Had Previously Agreed to Produce Buy Form

Exhibit 9E

- Memorandum in Support of Motion for Sanctions for Failure to Comply with Discovery Request Buy Form

Exhibit 9F

- Plaintiff’s Opposition to Defendant’s Renewed Motion for Costs and Sanctions Buy Form

Exhibit 9G

- Joint Motion to Extend Time for Discovery Buy Form

Exhibit 9H

- Joint Motion to Extend Tracking Order Buy Form

Chapter 10 expand

Alternatives to Litigation

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David A. Hoffman, Esq., Boston Law Collaborative LLC

Exhibit 10A

- Joint Motion for Appointment of Master Buy Form

Exhibit 10B

- Agreement to Mediate Buy Form

Exhibit 10C

- Application for Stay of Arbitration Buy Form

Exhibit 10D

- Petition to Compel Arbitration Buy Form

Chapter 11 expand

Pretrial Preparation

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David S. Lawless, Esq., Robinson Donovan, PC

Exhibit 11A

- Joint Pretrial Memorandum Buy Form

Exhibit 11B

- Notice to Appear for Final Pretrial Conference Buy Form

Chapter 12 expand

Presenting Evidence

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John J. Egan, Esq., Egan, Flanagan and Cohen, PC
Lauren F. Olanoff, Esq., Clients' Security Board Member Egan, Flanagan and Cohen, PC
Russell X. Pollock, Esq., Bergstresser & Pollock, PC

Exhibit 12A

- Motion for a View Buy Form

Exhibit 12B

- Opposition to Motion for a View Buy Form

Exhibit 12C

- Defendant’s Motion in Limine to Exclude Introduction of Photographs of Accident Victim (Dram Shop Case) with Memorandum of Law Buy Form

Chapter 13 expand

Trying the Case

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Jeffrey L. Adams, Esq., United Healthcare

Exhibit 13A

- Motion in Limine to Preclude Testimony of Expert Buy Form

Exhibit 13B

- Motion in Limine to Exclude Testimony of Expert on Business Ethics Buy Form

Exhibit 13C

- Motion in Limine to Exclude Certain Proposed Trial Exhibits Buy Form

Exhibit 13D

- Motion in Limine to Exclude Settlement References Buy Form

Exhibit 13E

- Motion to Submit Jury Verdict Questionnaire Buy Form

Exhibit 13F

- Motion for a Directed Verdict Buy Form

Exhibit 13G

- Plaintiff’s Motion for a New Trial Buy Form

Chapter 14 expand

Jury Issues

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John O. Mirick, Esq., Mirick, O'Connell, DeMallie & Lougee LLP
Kenneth C. Pickering, Esq., Pickering Legal LLC

Exhibit 14A

- Confidential Jury Questionnaire Buy Form

Exhibit 14B

- Superior Court Rule 6 Buy Form

Exhibit 14C

- Jury Empanelment Diagram Buy Form

Exhibit 14D

- Special Jury Verdict Buy Form

Chapter 15 expand

Judgment

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Jeffrey G. Thorn, Esq., Adkins, Kelston & Zavez, PC

Exhibit 15A

- Request for Default Buy Form

Exhibit 15B

- Judgment by Default (Mass. R. Civ. P. 55(b)(1)) Buy Form

Exhibit 15C

- Plaintiff’s Motion for Default Judgment with Affidavit as to Military Service (Mass. R. Civ. P. 55(b)(2)) Buy Form

Exhibit 15D

- Agreement for Judgment Buy Form

Exhibit 15E

- Stipulation of Dismissal (With Prejudice) Buy Form

Exhibit 15F

- Notice of Settlement and Request for Entry of Nisi Order Buy Form

Exhibit 15G

- Proposed Judgment Buy Form

Chapter 16 expand

Posttrial Motions

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Andrea Peraner-Sweet, Esq., Fitch Law Partners LLP

Exhibit 16A

- Plaintiff’s Motion for a New Trial Buy Form

Exhibit 16B

- Plaintiff’s Statement of Reasons in Support of Motion for a New Trial Buy Form

Exhibit 16C

- Statement of Reasons in Support of Motion for Judgment Notwithstanding the Verdict or for a New Trial Buy Form

Chapter 17 expand

Posttrial and Appellate Rights

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Kimberly A. Crowley, Esq., Wilmer Cutler Pickering Hale and Dorr LLP
Felicia H. Ellsworth, Esq., Wilmer Cutler Pickering Hale and Dorr LLP
Denise Wei-Hua Tsai, Esq., Wilmer Cutler Pickering Hale and Dorr LLP

Exhibit 17A

- Verification of Bill of Costs Buy Form

Exhibit 17B

- Defendant’s Motion for Taxation of Costs Buy Form

Exhibit 17C

- Affidavit of Defense Counsel in Support of Bill of Costs Buy Form

Exhibit 17D

- Notice of Appeal Buy Form

Exhibit 17E

- Petition for Interlocutory Review Buy Form

Chapter 18 expand

The Jury Selection Process and Attorney-Conducted Voir Dire

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Charlotte E. Glinka, Esq.,

Chapter 19 expand

Electronic Discovery

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Ronaldo Rauseo-Ricupero, Esq., Nixon Peabody LLP

Exhibit 19A

- ESI Plan Buy Form

Exhibit 19B

- Confidentiality Agreement Buy Form

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