Massachusetts Superior Court Civil Practice Manual

A toolbox of trial techniques

Product Number: 1970288B00
Publication Date: 7/27/2017
Edition: 4th Edition 2017
Copyright: © 2017 MCLE, Inc.
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Massachusetts Superior Court Civil Practice Manual

A toolbox of trial techniques

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Print Book 970 pages in 2 volumes (printed book) with downloadable forms Note: For print books, with MCLE's supplementation service, new supplements and revisions are mailed automatically with an invoice. If you do not want to subscribe, please check the opt out option during checkout.

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Product Description
Table of Contents
Editors & Authors

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: July 2017
  Dear Subscriber:
  
  Thank you for choosing to keep your copy of Massachusetts Superior Court Civil Practice Manual up to date with this fourth edition for 2017. Inside, you will find updates on topics such as the following:
  - Pretrial security. See chapter 4 for commentary on a 2016 case wherein it was held that in order to obtain a real estate attachment under Massachusetts law, a plaintiff must demonstrate (1) a reasonable likelihood of success on the merits, and (2) a reasonable likelihood of recovering a judgment equal to or greater than the amount of the attachment sought that is (3) over and above any liability insurance shown by the defendant to be available to satisfy the judgment.
  - Anti-SLAPP. See chapter 6 for a sample defendants special motion to dismiss pursuant to the anti-SLAPP statute, and a 2017 case where the court articulated the object of a SLAPP suit.
  - Reply memoranda to oppositions. See chapter 7 for a discussion of a recent departure from past practice with regard to the length of a reply and the recently revised Super. Ct. R. 9A(3).
  - Preparation of discovery. See chapter 8 for a discussion of a recent rule change, where the Superior Court adopted Rule 20, concerning the court's order of "individual management and tracking so that the parties may secure a cost-effective means to resolve their dispute."
  These are only a few of the hundreds of updates available in this edition, which we at MCLE trust you will find valuable for your Superior Court practice and valuable in keeping your library current.
  
  Cordially,
  
  Maryanne G. Jensen, Esq., MCLE Director of Publications
Table of Contents

Table of Contents
expand all

Chapter 1 expand

Practicing in the Superior Court
Buy Chapter
Michael B. Keating, Esq., Foley Hoag LLP

Chapter 2 expand

Trial Advocacy
Buy Chapter
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 3 expand

Drafting Pleadings
Buy Chapter
Anne L. Josephson, Esq., Kotin, Crabtree & Strong LLP
Alexandra E. Shaw, Esq., Ogletree, Deakins, Nash, Smoak & Stewart, PC

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

Exhibit 3F
- Sample Answer to Verified Complaint Buy Form

Chapter 4 expand

Obtaining Pretrial Security
Buy Chapter
Peter H. Sutton, Esq., Riemer & Braunstein LLP

Chapter 5 expand

Injunctive Relief
Buy Chapter
Brandon F. White, Esq., Foley Hoag LLP

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 6 expand

Dispositive Motions
Buy Chapter
Nelson G. Apjohn, 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 7 expand

Other Rule 9A Motions
Buy Chapter
Barbara Hayes Buell, Esq., Smith Duggan Buell & Rufo LLP

Exhibit 7A
- Defendant’s Assented to Motion for Entry of Separate and Final Judgment Buy Form

Exhibit 7B
- Defendant’s Motion for Entry of Separate and Final Judgment Pursuant to Mass. R. Civ. P. 54(b) (Medical Malpractice Case) Buy Form

Exhibit 7C
- 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 7D
- Defendants’ Joint Certificate of Compliance Pursuant to Superior Court Rule 9C 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

Exhibit 7X
- Plaintiff’s Motion for Juror Panel Voir Dire by Attorney Buy Form

Chapter 8 expand

Preparing Discovery
Buy Chapter
Laura R. Studen, Esq., Burns & Levinson LLP
Aaron S. Welo, Esq., Burns & Levinson 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
- Plaintiff’s Request for Admissions Buy Form

Exhibit 8F
- Defendants’ First Set of Interrogatories Propounded to the Plaintiff (Personal Injury) 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 9 expand

Discovery Motions
Buy Chapter
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
Buy Chapter
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
Buy Chapter
Nancy Frankel Pelletier, 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
Buy Chapter
John J. Egan, Esq., Egan, Flanagan and Cohen, PC
Lauren F. Olanoff, Esq., Egan, Flanagan and Cohen, PC
Russell X. Pollock, Esq., Bergstresser & Pollock PC

Exhibit 12A
- Defendant’s Motion in Limine to Exclude Introduction of Photographs of Accident Victim (Dram Shop Case) Buy Form

Exhibit 12B
- Defendant’s Opposition to Plaintiff’s Motion for a View Buy Form

Chapter 13 expand

Trying the Case
Buy Chapter
Jeffrey L. Adams, Esq., Robinson Donovan, PC

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
Buy Chapter
John O. Mirick, Esq., Mirick, O'Connell, DeMallie & Lougee LLP
Kenneth C. Pickering, Esq., Mirick, O'Connell, DeMallie & Lougee LLP

Exhibit 14A
- Confidential Jury Questionnaire Buy Form

Exhibit 14B
- Introduction to Panel Voir Dire Pilot Project Buy Form

Exhibit 14C
- Jury Empanelment Diagram Buy Form

Exhibit 14D
- Special Jury Verdict Buy Form

Chapter 15 expand

Judgment
Buy Chapter
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
Buy Chapter
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
Buy Chapter
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
Buy Chapter
Charlotte E. Glinka, Esq., Keches Law Group

Exhibit 18A
- Proposed New Superior Court Rule 6, Jury Selection Buy Form

Exhibit 18B
- Addendum A, Sample Panel Voir Dire Protocol Buy Form

Exhibit 18C
- Massachusetts Superior Court Standing Order 1-15 Buy Form

Exhibit 18D
- Introduction to Panel Voir Dire Pilot Project Buy Form

Chapter 19 expand

Electronic Discovery
Buy Chapter
Ronaldo Rauseo-Ricupero, Esq., Nixon Peabody LLP
Jonathan Sablone, Esq., Nixon Peabody LLP

Exhibit 19A
- ESI Plan Buy Form

Exhibit 19B
- Confidentiality Agreement Buy Form
Editors & Authors

Editor(s)

Hon. Thomas P. Billings, Superior Court, Commonwealth of Massachusetts, Boston

Ethics Editor(s)

Bruce T. Eisenhut, Esq., Massachusetts Board of Bar Overseers, Office of Bar Counsel, Boston

ADR Editor(s)

Hon. James P. Lynch, Jr., Natick

Carmin C. Reiss, Esq., Resolutions, LLC, Boston

Judicial Commentator(s)

Hon. Charles F. Barrett, Milton

Hon. Robert H. Bohn, Jr.,

Hon. Margot Botsford, Supreme Judicial Court, Commonwealth of Massachusetts (Ret.), Boston

Hon. Patrick F. Brady,

Hon. Raymond J. Brassard, Superior Court, Commonwealth of Massachusetts, Boston

Hon. Elizabeth Butler, JAMS, Wayland

Hon. Paul A. Chernoff, Superior Court, Commonwealth of Massachusetts, (Ret.), Boston

Hon. John C. Cratsley, JAMS, Concord

Hon. Elizabeth B. Donovan,

Hon. Thayer Fremont-Smith,

Hon. Rudolph Kass, Newton

Hon. Peter M. Lauriat, JAMS, Boston

Hon. Stephen E. Neel, JAMS , Boston

Hon. Barbara J. Rouse, Superior Court, Commonwealth of Massachusetts, Boston

Hon. Daniel F. Toomey, Boston

Author(s)

Jeffrey L. Adams, Esq., Robinson Donovan, PC, Springfield

Nelson G. Apjohn, Esq., Nutter McClennen & Fish LLP, Boston

Barbara Hayes Buell, Esq., Smith Duggan Buell & Rufo LLP, Lincoln

Nicholas B. Carter, Esq., Todd & Weld LLP, Boston

Maria Davis, Esq., Todd & Weld LLP, Boston

John J. Egan, Esq., Egan, Flanagan and Cohen, PC, Springfield

Felicia H. Ellsworth, Esq., Wilmer Cutler Pickering Hale and Dorr LLP, Boston

Daniel K. Gelb, Esq., Gelb & Gelb LLP, Beverly

Gail Kleven Gelb, Esq., Gelb & Gelb LLP, Beverly

Richard M. Gelb, Esq., Gelb & Gelb LLP, Beverly

Charlotte E. Glinka, Esq., Keches Law Group, Milton

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

Anne L. Josephson, Esq., Kotin, Crabtree & Strong LLP, Boston

Michael B. Keating, Esq., Foley Hoag LLP, Boston

Richard S. Loftus, Jr., Esq., Hirsch Roberts Weinstein LLP, Boston

John O. Mirick, Esq., Mirick, O'Connell, DeMallie & Lougee LLP, Worcester

Lauren F. Olanoff, Esq., Egan, Flanagan and Cohen, PC, Springfield

Nancy Frankel Pelletier, Esq., Robinson Donovan, PC, Springfield

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

Kenneth C. Pickering, Esq., Mirick, O'Connell, DeMallie & Lougee LLP, Worcester

Russell X. Pollock, Esq., Bergstresser & Pollock PC, Boston

Ronaldo Rauseo-Ricupero, Esq., Nixon Peabody LLP, Boston

Jonathan Sablone, Esq., Nixon Peabody LLP, Boston

Alexandra E. Shaw, Esq., Ogletree, Deakins, Nash, Smoak & Stewart, PC, Boston

Laura R. Studen, Esq., Burns & Levinson LLP, Boston

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

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

Denise Wei-Hua Tsai, Esq., Wilmer Cutler Pickering Hale and Dorr LLP, Boston

Aaron S. Welo, Esq., Burns & Levinson LLP, Boston

Brandon F. White, Esq., Foley Hoag LLP, Boston

Massachusetts Superior Court Civil Practice Manual

A toolbox of trial techniques

Massachusetts Superior Court Civil Practice Manual

A toolbox of trial techniques

Choose Format:

Product Description

Recent updates:

Table of Contents

Practicing in the Superior Court

Trial Advocacy

Drafting Pleadings

Exhibit 3A

Exhibit 3B

Exhibit 3C

Exhibit 3D

Exhibit 3E

Exhibit 3F

Obtaining Pretrial Security

Injunctive Relief

Exhibit 5A

Exhibit 5B

Exhibit 5C

Exhibit 5D

Exhibit 5E

Exhibit 5F

Exhibit 5G

Dispositive Motions

Exhibit 6A

Exhibit 6B

Exhibit 6C

Exhibit 6D

Exhibit 6E

Exhibit 6F

Exhibit 6G

Exhibit 6H

Exhibit 6I

Other Rule 9A Motions

Exhibit 7A

Exhibit 7B

Exhibit 7C

Exhibit 7D

Exhibit 7E

Exhibit 7F

Exhibit 7G

Exhibit 7H

Exhibit 7I

Exhibit 7J

Exhibit 7K

Exhibit 7L

Exhibit 7M

Exhibit 7N

Exhibit 7O

Exhibit 7P

Exhibit 7Q

Exhibit 7R

Exhibit 7S

Exhibit 7T

Exhibit 7U

Exhibit 7V

Exhibit 7W

Exhibit 7X

Preparing Discovery

Checklist 8.1

Exhibit 8A

Exhibit 8B

Exhibit 8C

Exhibit 8D

Exhibit 8E

Exhibit 8F

Exhibit 8G

Exhibit 8H

Discovery Motions

Exhibit 9A

Exhibit 9B

Exhibit 9C

Exhibit 9D

Exhibit 9E

Exhibit 9F

Exhibit 9G

Exhibit 9H