Massachusetts Superior Court Civil Practice Manual
A toolbox of trial techniques

- Product Number: 1970288B00
- Publication Date: 10/7/2021
- Edition: 5th Edition 2021
- Copyright: © 2021 MCLE, Inc.
-
Add to Favorites List
Choose Format:


-
Product Description
Product Description
The Massachusetts Superior Court Civil Practice Manual is a cornerstone of MCLE's civil litigation collection. It has been cited by judges, referenced by hundreds of lawyers, and relied upon for solid and practical guidance through the stages of a case, from pre-trial to post-trial procedures. It offers a broad-based, intensive and practical grounding in the topics vital to trial practice in the Superior Court. You will benefit from the expertise of dozens of lawyers and judges, on topics such as developing top-notch trial advocacy techniques, navigating Rule 9 and its many details, perfecting discovery through your motions practice, presenting and excluding evidence at trial, and understanding the many requirements of dispositive motions. Ethics commentary, judicial insight, ADR perspectives are featured. Let the experts who authored and edited this manual help you to increase your effectiveness in Superior Court practice.
Recent updates:
-
Update: September 2021
Dear Subscriber:
Thank you for choosing to keep your copy of Massachusetts Superior Court Civil Practice Manual up to date with this new edition for 2021. Inside, you will find new material, including case law and commentary, on topics such as the following:
- Your courtroom presence. See chapter 2 for practical guidance on the four essential things you need to bring to the counsel table when your case is called, and how to deport yourself at the podium. Chapter 2 also discusses the important "three C's" in any oral argument: chronology, clarity, and candor.
- Proving irreparable harm. See chapter 5 for citations to cases, including one from 2020, a recent decision where, in the context of a preliminary injunction, irreparable harm could be proven with monetary loss.
- Collecting your attorney fees. See chapter 6 for cites to two recent decisions, including an appellate decision from 2020, from single justices of the Massachusetts Supreme Judicial Court and Appeals Court suggesting that attorney fees should be considered when calculating expected damages pursuant to G.L. c. 212, § 3 and G.L. c. 218, § 19.
- Using expert affidavits. Chapter 6 also cites a U.S. Court of Appeals for the First Circuit case that provides guidance for preparing and using expert affidavits in summary judgment proceedings. The case cited stands for the principle that an expert's "single unsupported conclusion of fact is insufficient to raise a genuine issue of material fact."
These are just a few of the updates contained in this 2021 edition. We at MCLE trust that you will find it useful in your law library, and valuable in keeping your litigation practice current.
Cordially,
Maryanne G. Jensen, Esq., MCLE Director of Publications
-
Update: September 2021
-
Table of Contents
Table of Contents
expand allChapter 1 expandPracticing in the Superior Court
Buy ChapterChapter 2 expandTrial Advocacy
Buy ChapterChapter 3 expandDrafting Pleadings
Buy ChapterExhibit 3A
- Civil Action Cover Sheet Buy FormExhibit 3B
- Summons to Defendant Buy FormExhibit 3C
- Notice of Appearance with Certificate of Service Buy FormExhibit 3D
- Service of Summons by Publication Buy FormExhibit 3E
- Sample Complaint Buy FormExhibit 3F
- Sample Answer to Verified Complaint Buy FormChapter 4 expandObtaining Pretrial Security
Buy ChapterChapter 5 expandInjunctive Relief
Buy ChapterExhibit 5A
- Motion for a Temporary Restraining Order Buy FormExhibit 5B
- Motion for Preliminary Injunction Buy FormExhibit 5C
- Verified Complaint Buy FormExhibit 5D
- Motion for Appointment of a Special Process Server Buy FormExhibit 5E
- Motion for a Short Order of Notice Buy FormExhibit 5F
- Standstill Agreement Buy FormExhibit 5G
- Confidentiality Stipulation Buy FormChapter 6 expandDispositive Motions
Buy ChapterExhibit 6A
- Defendant’s Motion to Dismiss Certain Counts of Plaintiff’s Complaint Buy FormExhibit 6B
- Memorandum of Law in Support of Defendant’s Motion to Dismiss Certain Counts of Plaintiff’s Complaint Buy FormExhibit 6C
- Defendant’s Notice of Motion to Dismiss Buy FormExhibit 6D
- Defendant’s Motion for Summary Judgment Buy FormExhibit 6E
- Memorandum of Law in Support of Defendant’s Motion for Summary Judgment Buy FormExhibit 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 FormExhibit 6G
- Defendant’s Motion for Judgment on the Pleadings Buy FormExhibit 6H
- Memorandum of Law in Support of Defendant’s Motion for Judgment on the Pleadings Buy FormExhibit 6I
- Special Motion to Dismiss (Anti-SLAPP Statute) Buy FormChapter 7 expandOther Rule 9A Motions
Buy ChapterExhibit 7A
- Defendants’ Joint Certificate of Compliance Pursuant to Superior Court Rule 9C Buy FormExhibit 7B
- Defendant’s Assented to Motion for Entry of Separate and Final Judgment Buy FormExhibit 7C
- Defendant’s Motion for Entry of Separate and Final Judgment Pursuant to Mass. R. Civ. P. 54(b) (Medical Malpractice Case) Buy FormExhibit 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 FormExhibit 7E
- Plaintiff’s Motion to Vacate Judgment Buy FormExhibit 7F
- Plaintiff’s Notice of Motion Pursuant to Superior Court Rule 9E Buy FormExhibit 7G
- Petition for Approval of Third-Party Settlement Buy FormExhibit 7H
- Petition for Settlement Approval Buy FormExhibit 7I
- Motion and Supporting Statement of Reasons to Sever Buy FormExhibit 7J
- Motion and Statement of Reasons to Bifurcate Buy FormExhibit 7K
- Motion to Consolidate Buy FormExhibit 7L
- Statement of Reasons in Support of Motion to Consolidate Buy FormExhibit 7M
- Motion for Leave to Proceed Under Pseudonyms and to Impound the Record Buy FormExhibit 7N
- Statement of Reasons in Support of Motion for Leave to Proceed Under Pseudonyms and to Impound the Record Buy FormExhibit 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 FormExhibit 7P
- Motion to Quash Plaintiff’s Deposition Notices Buy FormExhibit 7Q
- Defendant’s Motion for Continuance of Trial Date, Assented to by Plaintiff Buy FormExhibit 7R
- Motion for Protective Order Regarding Depositions of Nonparty Witnesses Buy FormExhibit 7S
- Statement of Reasons in Support of Motion for Protective Order Regarding Depositions of Nonparty Witnesses Buy FormExhibit 7T
- Third-Party Plaintiff’s Motion for Leave of Court to File Third-Party Complaint Buy FormExhibit 7U
- Statement of Reasons in Support of Third-Party Plaintiff’s Motion for Leave of Court to File Third-Party Complaint Buy FormExhibit 7V
- Motion to Withdraw as Counsel Buy FormExhibit 7W
- Defendant’s Motion to Compel Production of Documents Buy FormChapter 8 expandPreparing Discovery
Buy ChapterChecklist 8.1
- Deposition of Plaintiff Buy FormExhibit 8A
- Notice of Oral Deposition and Schedule A Buy FormExhibit 8B
- Notice of Video Deposition Buy FormExhibit 8C
- Assented-to Motion for Court Approval for Taking Audiovisual Expert’s Deposition for Use at Trial Buy FormExhibit 8D
- Plaintiff’s Interrogatories Propounded to Defendant Buy FormExhibit 8E
- Defendants’ First Set of Interrogatories Propounded to the Plaintiff (Personal Injury) Buy FormExhibit 8F
- Plaintiff’s Request for Admissions Buy FormExhibit 8G
- Plaintiff’s Request for the Production of Documents Propounded to Defendant Buy FormExhibit 8H
- Plaintiff’s Objection to Defendants’ Filing of Defendants’ Motion to Conduct Supplementary Discovery Buy FormChapter 9 expandDiscovery Motions
Buy ChapterExhibit 9A
- Memorandum in Support of Motion to Compel Discovery Buy FormExhibit 9B
- Memorandum in Support of Motion for Sanctions for Failure to Comply with Order to Provide Discovery Buy FormExhibit 9C
- Defendant’s Motion to Compel Responses to Discovery by Defendant Buy FormExhibit 9D
- Memorandum in Support of Defendant’s Motion to Compel Production of Documents Plaintiff Had Previously Agreed to Produce Buy FormExhibit 9E
- Memorandum in Support of Motion for Sanctions for Failure to Comply with Discovery Request Buy FormExhibit 9F
- Plaintiff’s Opposition to Defendant’s Renewed Motion for Costs and Sanctions Buy FormExhibit 9G
- Joint Motion to Extend Time for Discovery Buy FormExhibit 9H
- Joint Motion to Extend Tracking Order Buy FormChapter 10 expandAlternatives to Litigation
Buy ChapterChapter 11 expandPretrial Preparation
Buy ChapterChapter 12 expandPresenting Evidence
Buy ChapterChapter 13 expandTrying the Case
Buy ChapterExhibit 13A
- Motion in Limine to Preclude Testimony of Expert Buy FormExhibit 13B
- Motion in Limine to Exclude Testimony of Expert on Business Ethics Buy FormExhibit 13C
- Motion in Limine to Exclude Certain Proposed Trial Exhibits Buy FormExhibit 13D
- Motion in Limine to Exclude Settlement References Buy FormExhibit 13E
- Motion to Submit Jury Verdict Questionnaire Buy FormExhibit 13F
- Motion for a Directed Verdict Buy FormExhibit 13G
- Plaintiff’s Motion for a New Trial Buy FormChapter 14 expandJury Issues
Buy ChapterChapter 15 expandJudgment
Buy ChapterExhibit 15A
- Request for Default Buy FormExhibit 15B
- Judgment by Default (Mass. R. Civ. P. 55(b)(1)) Buy FormExhibit 15C
- Plaintiff’s Motion for Default Judgment with Affidavit as to Military Service (Mass. R. Civ. P. 55(b)(2)) Buy FormExhibit 15D
- Agreement for Judgment Buy FormExhibit 15E
- Stipulation of Dismissal (With Prejudice) Buy FormExhibit 15F
- Notice of Settlement and Request for Entry of Nisi Order Buy FormExhibit 15G
- Proposed Judgment Buy FormChapter 16 expandPosttrial Motions
Buy ChapterChapter 17 expandPosttrial and Appellate Rights
Buy ChapterChapter 18 expandThe Jury Selection Process and Attorney-Conducted Voir Dire
Buy ChapterChapter 19 expandElectronic Discovery
Buy Chapter - Editors & Authors