Product Description

Recent updates:

• Update: February 2022

  Dear Subscriber:

  Thank you for keeping your copy of Criminal Model Jury Instructions for Use in the District Court current with this 2022 supplement. The District Court Committee on Criminal Proceedings has prepared a number of new and revised criminal model jury instructions. Among these are new instructions for drug offenses which carve out marijuana from the other controlled substances. This allowed the committee to address the exemptions that apply to marijuana without interfering with the instructions needed for cases involving controlled substances other than marijuana.

  Included in this 2022 supplement are fourteen new and eight revised instructions included in Transmittal No. 1341, dated November 22, 2021. These include:

  • a new COVID-19 Supplemental Impanelment Instruction (1.105);

  • new and revised instructions on Evaluation of Evidence ;

  • new instructions on Offenses Against the Person ;

  • new and revised instructions on Public Order Offenses ;

  • new and revised instructions on Firearms and Weapons Offenses ;

  • new and revised instructions on Drug Offenses ; and

  • a revised instruction on Larceny Offenses .

  Also included in this supplement are three new and five revised instructions issued prior to Transmittal No. 1341 and subsequent to the last printed supplement in June 2019. These include:

  • new and revised instructions on Offenses Against the Person ;

  • revised instructions on Abuse-Related Offenses ; and

  • a new instruction on Drug Offenses .

  It is Massachusetts Continuing Legal Education's privilege to publish this material in collaboration with the District Court Committee on Criminal Proceedings. We trust that you will find this 2022 supplementary material for Criminal Model Jury Instructions for Use in the District Court to be instructive in your courtroom practice and useful in your library research.

  Cordially,

  Maryanne G. Jensen, Esq., Director of Publications

• Update: June 2019

  Dear Subscriber:

  Enclosed are new and updated model jury instructions for use in criminal cases in Massachusetts District Court.

  The District Court Committee on Criminal Proceedings has created the following new instructions:

  • 6.280 ("Assault and Battery on an Elder or Disabled Person").

  • 6.281 ("Assault and Battery on an Elder or Disabled Person Causing Bodily Injury").

  • 6.282 ("Assault and Battery on an Elder or Disabled Person Causing Serious Bodily Injury").

  The Committee has also revised the following instructions:

  • 5.310 ("Operating Under the Influence of Intoxicating Liquor").

  • 5.400 ("Operating Under the Influence of Drugs").

  • 6.140 ("Assault and Battery")

  • 6.160 ("Assault and Battery Causing Serious Bodily Injury").

  • 6.180 ("Assault and Battery on a Person Protected by an Abuse Prevention Order").

  • 6.200 ("Assault and Battery on a Pregnant Woman").

  • 6.210 ("Assault and Battery on a Police Officer or Public Employee").

  • 6.220 ("Assault and Battery on Child Under 14 Causing Bodily Injury").

  • 6.275 ("Assault and Battery on a Family or Household Member").

  • 7.140 ("Deriving Support from Earnings of a Prostitute").

  Also included are new and revised instructions that were promulgated and distributed pursuant to Administrative Office of the District Court Transmittals Nos. 1212, 1256, and 1260:

  • 1.100 ("Impaneling the Jury").

  • 1.120 ("Preliminary Instruction to Jury Before Trial").

  • 1.270 ("Use of an Interpreter")

  • 1.275 ("Interpreter Assistance to Deaf Juror")

  • 2.120 ("Function of the Jury, What is Evidence, Credibility of Witnesses").

  • 5.305 ("Endangering a Child While Operating with a Blood Alcohol Level of .08 percent or Greater")

  • 5.315 ("Endangering a Child While Under the Influence of Intoxicating Liquors")

  • 7.300 ("Giving False Information After Arrest")

  • 7.360 ("Intimidating a Witness, Etc.")

  • 8.260 ("Wanton Destruction of Property")

  • 8.280 ("Willful and Malicious Destruction of Property")

  • 8.460 ("Larceny by Check").

  • 8.500 ("Larceny by False Pretenses")

  • 8.520 ("Larceny by Stealing")

  • 8.521 ("Larceny by Stealing Verdict Slip")

  • 8.600 ("Receiving Stolen Property")

  • 8.620 ("Shoplifting")

  It is Massachusetts Continuing Legal Education's privilege to publish this material in collaboration with the District Court Committee on Criminal Proceedings. We trust that you will find this 2019 supplementary material for Criminal Model Jury Instructions for Use in the District Court to be instructive in your courtroom practice and useful in your library research.

  Cordially,

  Maryanne G. Jensen, Esq., Director of Publications

• Update: June 2018

  Dear Subscriber:

  Enclosed are new and updated model jury instructions for use in criminal cases in Massachusetts District Court.

  The District Court Committee on Criminal Proceedings has created the following new instructions:

  • 3.230 ("Transferred Intent").

  • 3.570 ("Redactions").

  • 7.365 ("Intentionally misleading an investigator in a criminal investigation"). This instruction is tailored to this specific provision of G.L. c. 268, § 13B, which is commonly encountered in the District Court. The full instruction for intimating a witness, juror, court official or law enforcement officer in violation of G.L. c. 268, § 13B, remains at Instruction 7.360.

  The Committee has also revised the following instructions:

  • 3.560 ("Confessions and admissions (Humane Practice)"). This instruction was revised to include factors for the jury's consideration regarding the voluntariness of a defendant's statement in the body of the instruction. It also now includes reference to the absence of a complete recording of the defendant's statement as a factor for the jury to consider.

  • 5.310 ("Operating under the influence of intoxicating liquor"). A supplemental "Downs" instruction has been inserted and notes, consistent with, Commonwealth v. Wolfe, 478 Mass. 142 (2017), that such an instruction may only be given if the defendant requests it.

  • 6.500 ("Indecent assault and battery"). Supplemental instructions were added for cases in which the defendant directs the victim to touch the defendant or when the defendant touches the victim with his or her own private part. The instruction also eliminated the requirement that the Commonwealth prove that the victim was over the age of fourteen in addition to proving lack of consent.

  • 6.520 ("Indecent assault and battery on a child under the age of 14"). Supplemental instructions were added for cases in which the defendant directs the victim to touch the defendant or when the defendant touches the victim with his or her own private part.

  • 7.360 ("Intimidating a witness, juror, court official or law enforcement officer"). This instruction was revised to reflect the changes to the statute made by the Criminal Justice Reform Act, St. 2018, c. 69, namely, that an act committed in retaliation for past participation in a criminal investigation or court proceeding can now be charged as a crime under § 13B; the elimination of the category of persons protected by the statute who "further[ed] a civil or criminal proceeding … of any type"; and the addition of the following categories of persons protected by the statute: a person who is or was aware of information, records, documents, or objects that relate to a violation of a court order; victim witness advocate; correction officer; court reporter; court interpreter; and family member of a person described in the section.

  It is Massachusetts Continuing Legal Education's privilege to publish this material in collaboration with the District Court Committee on Criminal Proceedings. We trust that you will find this 2018 supplementary material for Criminal Model Jury Instructions for Use in the District Court to be instructive in your courtroom practice and useful in your library research.

  Cordially,

  Maryanne G. Jensen, Esq., Director of Publications

• Update: June 2017

  Dear Subscriber:

  Enclosed are new and updated model jury instructions for use in criminal cases in Massachusetts District Court.

  The District Court Committee on Criminal Proceedings has created the following new instructions:

  • 3.210 ("Motor Vehicle")

  • 5.700 ("Operating a Boat with a Blood Alcohol Level of .08% or Greater")

  • 5.710 ("Operating a Boat Under the Influence of Intoxicating Liquor")

  • 7.625 ("Possession of Ammunition")

  • 9.230 ("Duress"), separated from Necessity (9.240)

  The Committee has also revised the following instructions:

  • 3.660 ("First Complaint"), making non-substantive corrections to the language of the instruction, and updating notes.

  • 5.180 ("Leaving the Scene of an Accident Involving Property Damage"), removing public way as an element. See Commonwealth v. Leblanc, 475 Mass. 820, 822 (2016).

  • 6.180 ("Assault and Battery on a Person Protected by an Abuse Prevention Order"), to explain to the jury the concept of an offensive touching.

  • 6.200 ("Assault and Battery on a Pregnant Woman"), to explain to the jury the concept of an offensive touching.

  • 6.300 ("Assault and Battery by Means of a Dangerous Weapon"), removing references to requirement that the defendant "intentionally" used the item as a dangerous weapon.

  • 7.270 "Cruelty to Animals"), adding "cruelly" to modify "mutilated" and "killed," and provided definition of "cruelty." See Commonwealth v. Daly, 90 Mass. App. Ct. 48, 51 (2016).

  • 7.400 ("Open and Gross Lewdness and Lascivious Behavior"), to explain to the jury the objective element of the offense, see Commonwealth v. Maguire, 476 Mass. 156, 161 (2016), and deleting supplemental instruction regarding child of tender years, see Commonwealth v. Kessler, 442 Mass. 770, 777 (2004).

  • 8.220 ("Trespass"), updated notes to reflect potential necessity defense. See Commonwealth v. Magadini, 474 Mass. 593, 597-602 (2016).

  • 8.250 ("Vandalism"), replacing "owner of the property" to "another." See Commonwealth v. Chambers, 90 Mass. App. Ct. 137, 144-45 (2016).

  • 8.200 ("Theft, Purchase, Receipt, Possession or Concealment of Stolen Motor Vehicle; Malicious Damage to Motor Vehicle; Stealing Parts from Motor Vehicle Taken Without Authority; Concealing Motor Vehicle Thief"), replacing "owner of the property" to "another," see Commonwealth v. Chambers, 90 Mass. App. Ct. 137, 144-45 (2016), and deleting reference to belief being "reasonable," see Commonwealth v. Liebenow, 470 Mass. 151, 157 (2014).

  • 8.260 ("Wanton Destruction of Property"), deleting reference to "immediate" in explanation of wanton conduct, as well as non-substantive corrections to the language.

  • 8.280 ("Wilful and Malicious Destruction of Property"), replacing "owner of the property" to "another." See Commonwealth v. Chambers, 90 Mass. App. Ct. 137, 144-45 (2016).

  • 9.240 ("Necessity"), reformatting to frame in terms of Commonwealth's burden with no substantive changes, and updated notes to reflect Commonwealth v. Magadini, 474 Mass. 593, 597-602 (2016)

  It is Massachusetts Continuing Legal Education's privilege to publish this material in collaboration with the District Court Committee on Criminal Proceedings. We trust that you will find this 2017 supplementary material for Criminal Model Jury Instructions for Use in the District Court to be instructive in your courtroom practice and useful in your library research.

  Cordially,

  Maryanne G. Jensen, Esq., Director of Publications

• Update: July 2016

  Dear Subscriber:

  Enclosed are new and updated model jury instructions for use in criminal cases in Massachusetts District Court.

  The District Court Committee on Criminal Proceedings has created the following new instructions:

  • 1.270 ("Use of an Interpreter")

  • 8.250 ("Vandalism")

  • 9.250 ("Parental Discipline")

  The Committee has also revised the following instructions:

  • 5.180 ("Leaving the Scene of an Accident Involving Property Damage"), making minor changes to the language to accord with Instruction 5.190.

  • 5.190 ("Leaving the Scene of an Accident Involving Personal Injury"), making non-substantive corrections to the language of the instruction.

  • 6.140 ("Assault and Battery"), to explain to the jury the concept of an offensive touching.

  • 6.275 ("Assault and Battery on Family or Household Member"), to explain to the jury the concept of an offensive touching.

  • 6.600 ("Annoying and Accosting Persons"), to reflect the deletion of the requirement that the victim be of the opposite sex of the defendant, St. 2014, c. 417.

  • 7.220 ("Escape"), adding language regarding failing to return from temporary release. See Commonwealth v. Porter , 87 Mass. App. Ct. 676, 678-82, rev. denied , 473 Mass. 1103 (2015).

  • 7.620 ("Possession of a Firearm"), adding a supplemental instruction regarding the defense of an expired license. See Commonwealth v. Indrisano , 87 Mass. App. Ct. 709, 716-17 (2015).

  Also included are two new instructions created by the Supreme Judicial Court's Standing Committee on Eyewitness Identification:

  • 1.340 ("Preliminary Identification Instruction")

  • 9.160 ("Identification")

  It is Massachusetts Continuing Legal Education's privilege to publish this material in collaboration with the District Court Committee on Criminal Proceedings. We trust that you will find this 2016 supplementary material for Criminal Model Jury Instructions for Use in the District Court to be instructive in your courtroom practice and useful in your library research.

  Cordially,

  Maryanne G. Jensen, Esq., Director of Publications

• Update: June 2014

  Dear Subscriber:

  Enclosed are new and updated model jury instructions for use in criminal cases in Massachusetts District Court.

  The Committee has created the following new instructions:

  • 5.520 ("Failure to Have Ignition Interlock Device")

  • 5.530 ("Disabling an Ignition Interlock Device")

  • 7.210 ("Wilful Interference with a Fire Fighting Operation")

  • 7.270 ("Cruelty to Animals")

  • 7.410 ("Furnishing Alcohol to a Minor")

  • 7.630 ("Improper Storage of a Firearm")

  The Committee has also revised the following instructions:

  • 3.820 ("Unrecord Custodial Interrogation"), adding language approved in Commonwealth v. Rousseau , 465 Mass. 372, 392–393 (2013), regarding evaluating the lack of a recording in light of any opportunity to record the interrogation that the defendant declined.

  • 4.120 ("Attempt"), deleting the third element (failure to complete the crime) in light of recent cases omitting this as a required element. See Commonwealth v. Rivera , 460 Mass. 139, 142 (2011); Commonwealth v. Sullivan , 84 Mass. App. Ct. 26, 27, rev. granted limited to other issues , 466 Mass. 1109 (2013).

  • 5.190 ("Leaving the Scene of an Accident Involving Personal Injury not Resulting in Death"), collapsing the old third and fourth elements (causing injury and knowing the defendant caused injury) into one element ("knowingly collided with or otherwise injured another person"), and adding a note explaining that the absence of death is not an element, both in accordance with Commonwealth v. Muir , 84 Mass. App. Ct. 635, 637–639 (2013).

  • 6.100 ("Affray"), adding language clarifying the meaning of fighting and conforming the third element to Commonwealth v. Nee , 83 Mass. App. Ct. 441, 447–448, rev. denied , 465 Mass. 1106 (2013), as well as adding notes regarding self-defense and sentencing.

  • 6.520 ("Indecent Assault and Battery on a Child Under Fourteen"), revising language regarding inability to consent to clarify that it remains the jury's role to determine whether the victim was under fourteen years of age at the time of the crime, as required by Commonwealth v. Dunton , No. 2012-P-1577, 2014 Mass. App. Unpub. LEXIS 20, 84 Mass. App. Ct. 1128 (Jan. 13, 2014) (unpublished), rev. denied , 467 Mass. 1106 (2014).

  • 6.600 ("Annoying and Accosting Persons of the Opposite Sex"), adding the requirement that the disorderly acts or language be sexual in nature, as required by Commonwealth v. Sullivan , 84 Mass. App. Ct. 26, 30, rev. granted , 466 Mass. 1109 (2013).

  • 6.740 ("Violation of a Harassment Prevention Order"), amending the supplemental instruction on the meaning of "harass" to reflect St. 2010, c. 239, §§ 71–72, which changed statutory language regarding a "mentally retarded person" to a "person with an intellectual disability."

  • 7.260 ("False Report of a Crime"), omitting needless language and adding a citation to Commonwealth v. Saylor , 84 Mass. App. Ct. 346, 351–352 (2013).

  • 7.360 ("Intimidating a Witness, Juror, Court Official or Law Enforcement Office"), adding the theory of reckless interference with a court proceeding and reflecting the expansion of the crime to endeavors to interfere with certain civil proceedings enacted by the Legislature in St. 2010, c. 256, § 120. The instruction is also amended to reflect new statutory language specifically including certain specified electronic communications in the definition of "harass." St. 2010, c. 92, § 11. Finally, the instruction is amended to delete the theories of "harming" or "punishing" a criminal proceeding, in light of Commonwealth v. Hamilton , 459 Mass. 422, 436–437 (2011).

  It is Massachusetts Continuing Legal Education's privilege to publish this material in collaboration with the District Court Committee on Criminal Proceedings. We trust that you will find this 2014 supplementary material for Criminal Model Jury Instructions for Use in the District Court to be instructive in your courtroom practice and useful in your library research.

  Cordially,

  Maryanne G. Jensen, Esq., Director of Publications

• Update: February 2013

  Dear Subscriber:

  Enclosed are new model jury instructions for use in criminal cases in Massachusetts District Court.

  Compiled through the efforts of the District Court Committee on Criminal Proceedings, this new material reflects the latest developments in the law. It contains revisions to Instructions 1.120, 2.320, 3.200, 3.600, 3.700, 5.180, 5.200, 5.400, 6.600, 6.640, 6.700, 6.740, 7.600, and 7.860, along with new Instructions numbered 1.130, 3.840, 5.190, 7.540, and 7.870.

  In an effort to clarify and improve the model instruction for OUI cases, the Committee has divided former Instruction 5.300 ("Operating under the Influence of Liquor or with .08% Blood Alcohol") into two separate and revised instructions: 5.300 ("Operating with a Blood Alcohol Level of .08% or Greater") and 5.310 ("Operating under the Influence of Intoxicating Liquor").

  The Committee has also created new verdict slips 5.301 and 5.311 for the revised OUI instructions, and revised verdict slips 5.501, 6.121, 6.141, 6.301, and 8.521.

  It is Massachusetts Continuing Legal Education's privilege to publish this material in collaboration with the District Court Committee on Criminal Proceedings. We trust that you will find this 2013 supplementary material for Criminal Model Jury Instructions for Use in the District Court to be instructive in your courtroom practice and useful in your library research.

  Cordially,

  Maryanne G. Jensen, Esq., Director of Publications

• Update: June 2011

  Dear Subscriber:

  Enclosed are new model jury instructions for use in criminal cases in Massachusetts District Court.

  Compiled through the efforts of the District Court Committee on Criminal Proceedings, this new material reflects the latest developments in the law. It contains revisions to Instructions 1.120, 2.540, 4.200, 5.180, 5.300, 6.121, 6.640, and 6.720, along with new Instructions numbered 3.760, 6.120, 6.140, 7.380 and 7.400. The Committee has added notes to Instructions 3.760, 6.120, and 7.380.

  It is Massachusetts Continuing Legal Education's privilege to publish this material in collaboration with the District Court Committee on Criminal Proceedings. We trust that you will find this 2011 supplementary material for Model Jury Instructions for Use in the District Court to be instructive in your courtroom practice and useful in your library research.

  Cordially,

  Maryanne G. Jensen, Esq., Director of Publications

• Update: February 2009

  Dear Subscriber:

  Enclosed is the 2009 edition of the model criminal jury instructions that have been issued by the Administrative Office of the District Court, Commonwealth of Massachusetts and are the same instructions as those referred to by judges of the District, Municipal and Juvenile Courts.

  This 2009 edition, which features an Introduction by Chief Justice Lynda M. Connolly, provides Massachusetts lawyers with the only official pattern jury instructions in Massachusetts. Inside you will find

  • "Plain English" instructions, along with supplemental instructions and notes to aid you in your drafting.

  • Three new model instructions, covering Subsequent Offense, Failing to Register as a Sex Offender, and Giving a False Name upon Arrest.

  • Thirty-six revised model instructions.

  • Updated notes that reflect recent legal developments.

  • A checklist of instructions either required or affirmatively recommended by appellate courts.

  • A useful chart offering suggested dialogues for sentencing.

  • An alphabetical index and conversion chart to aid you in referring to renumbered instructions.

  We at MCLE trust that you will find this new 2009 edition to be indispensable in your criminal law practice and valuable in your law library.

  Cordially,

  Maryanne G. Jensen, Esq., Director of Publications

Table of Contents

Chapter 1 expand

Acknowledgments of Parentage

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Pauline Quirion, Esq., Greater Boston Legal Services

EXHIBIT 1A

- DSS Parental Responsibility Form Buy Form

EXHIBIT 1B

- Acknowledgment of Paternity Buy Form

EXHIBIT 1C

- Affidavit of Denial of Paternity Buy Form

EXHIBIT 1D

- Complaint to Rescind Paternity Acknowledgment Buy Form

Chapter 2 expand

Chapter 209C Basics—From Commencement of an Action to Judgment

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Pauline Quirion, Esq., Greater Boston Legal Services

EXHIBIT 2A

- Complaint for Custody-Support-Parenting Time Buy Form

EXHIBIT 2B

- Complaint to Establish Paternity Buy Form

EXHIBIT 2C

- Public Assistance Affidavit Buy Form

EXHIBIT 2D

- Motion for Release of Birth Certificate Buy Form

EXHIBIT 2E

- Completed Sample Domestic Relations Summons on Complaint for Paternity Buy Form

EXHIBIT 2F

- Long-Arm Jurisdiction Grounds Buy Form

EXHIBIT 2G

- Motion for Mother’s Genetic Marker Testing Buy Form

EXHIBIT 2H

- Motion for Genetic Marker Testing by Putative Father Buy Form

EXHIBIT 2I

- Motion for Custody and Child Support Buy Form

EXHIBIT 2J

- Model Proposed Order for Child Support and Custody Buy Form

EXHIBIT 2K

- Motion for Parenting Time Buy Form

EXHIBIT 2L

- Defendant’s Answer to Complaint to Establish Paternity Buy Form

EXHIBIT 2M

- Sample Pretrial Memorandum Buy Form

Chapter 3 expand

Naming Nonmarital Children: Birth Certificates and Name Change Petitions

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Christine M. Durkin, Esq., Northeastern University School of Law

EXHIBIT 3A

- Voluntary Acknowledgment of Parentage Buy Form

EXHIBIT 3B

- Affidavit of Nonpaternity Buy Form

EXHIBIT 3C

- Certificate of Name Change Buy Form

EXHIBIT 3D

- Sample Motion to Waive Notice of Name Change Proceeding Buy Form

EXHIBIT 3E

- Petition for Change of Name Buy Form

EXHIBIT 3F

- Affidavit for Care and Custody Buy Form

EXHIBIT 3G

- CP2 Request for Information Form Buy Form

Chapter 4 expand

Genetic Marker Testing

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Laura Gahn, Ph.D, IDENTIGENE
George C. Maha, Esq., Laboratory Corp. of America Holdings (LabCorp) Laboratory Corp. of America Holdi

Chapter 5 expand

Requesting, Using, and Challenging Parentage Testing Results

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Patrick M. Finn, Esq., Department of Revenue, Child Support Enforcement, Commonwealth of Massachusetts

EXHIBIT 5A

- Motion for Genetic Marker Testing Buy Form

Chapter 6 expand

Equity Actions by Putative Fathers Who Lack Standing Under Chapter 209C and Challenges to Paternity of Children Born During a Marriage

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Pauline Quirion, Esq., Greater Boston Legal Services

EXHIBIT 6A

- Equity Complaint to Establish Paternity Pursuant to G.L. c. 215, § 6 Buy Form

EXHIBIT 6B

- Emergency Motion for Speedy Preliminary Hearing Buy Form

EXHIBIT 6C

- Defendant’s Motion for a Guardian Ad Litem Buy Form

EXHIBIT 6D

- Affidavit in Opposition to Genetic Testing Motion in Divorce Case Buy Form

EXHIBIT 6E

- Opposition to Genetic Testing Motion in Divorce Case Buy Form

EXHIBIT 6F

- Model Interlocutory Petition for Appeal of a Genetic Testing Order in a Divorce Action Buy Form

EXHIBIT 6G

- Memorandum to Overturn Genetic Testing Order in a Divorce Case Buy Form

Chapter 7 expand

Equity Actions Filed by De Facto Parents

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Mary L. Bonauto, Esq., GLBTQ Legal Advocates and Defenders
Patience Crozier, Esq., GLBTQ Legal Advocates and Defenders

EXHIBIT 7A

- Sample De Facto Parent Complaint Buy Form

Chapter 8 expand

Transgender Parents and Children Born Outside of Marriage

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Jennifer L. Levi, Esq., Western New England University School of Law

Chapter 9 expand

Custody, Visitation, and Removal Issues Related to Children of Unmarried Parents

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Michelle M. Ahern, Esq., Taylor, Ganson & Perrin LLP
Jaime B. Margolis, Esq., Community Legal Aid/Hampden County,
Patricia A. Saint James, Esq., Tarlow, Breed, Hart & Rodgers, PC

Checklist 9.1

- Chapter 209C Custody Checklist Buy Form

Checklist 9.2

- Checklist for Bringing a Contempt Complaint Buy Form

Checklist 9.3

- Checklist for Defending Against a Contempt Complaint Buy Form

Checklist 9.4

- Checklist for Bringing a Guardianship Petition Buy Form

Checklist 9.5

- Checklist for Opposing a Guardianship Petition Buy Form

Checklist 9.6

- Checklist for Removal of Minor Child from the Commonwealth Buy Form

EXHIBIT 9A

- Complaint to Establish Paternity Buy Form

EXHIBIT 9B

- Complaint for Custody-Support-Parenting Time Pursuant to G.L. c. 209C Buy Form

EXHIBIT 9C

- Motion for Temporary Order of Custody of Minor Child Buy Form

EXHIBIT 9D

- Motion for Temporary Order of Visitation Buy Form

EXHIBIT 9E

- Proposed Temporary Order Buy Form

EXHIBIT 9F

- Complaint for Contempt Buy Form

EXHIBIT 9G

- Contempt Summons Buy Form

EXHIBIT 9H

- Answer to Contempt Complaint Buy Form

EXHIBIT 9I

- Complaint for Modification Buy Form

EXHIBIT 9J

- Notarized and Verified Consent or Nomination by Minor Buy Form

EXHIBIT 9K

- Petition for Guardianship Buy Form

EXHIBIT 9L

- Bond for Guardianship Buy Form

EXHIBIT 9M

- Notarized Waiver and Consent to Petition for Guardianship of Minor Buy Form

EXHIBIT 9N

- Probate and Family Court Standing Order 4-09: Notice in Guardianship of Minors Matters Buy Form

EXHIBIT 9O

- Motion for Appointment of Temporary Guardian for a Minor Buy Form

EXHIBIT 9P

- Affidavit in Support of Emergency Temporary Guardian Buy Form

EXHIBIT 9Q

- Order Appointing Temporary Guardianship of Minor Buy Form

EXHIBIT 9R

- Rule 29B Affidavit Buy Form

EXHIBIT 9S

- Motion for Removal of Temporary Guardian of Minor Buy Form

EXHIBIT 9T

- Petition for Removal of Guardian of Minor Pursuant to G.L. c. 190B, § 5-212 Buy Form

EXHIBIT 9U

- Request for Counsel Buy Form

EXHIBIT 9V

- Petition for Grandparent(s) Visitation Buy Form

EXHIBIT 9W

- Answer to Complaint for Grandparent Visitation Buy Form

EXHIBIT 9X

- Agreement for Removal of Minor Child from the Commonwealth Buy Form

EXHIBIT 9Y

- Complaint for Authorization to Remove Minor Child from the Commonwealth Buy Form

EXHIBIT 9Z

- Affidavit in Support of Removal of Minor Child from the Commonwealth Buy Form

Chapter 10 expand

Domestic Violence Issues

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Sandra E. Lundy, Esq., Lundy Legal LLC

EXHIBIT 10A

- Sample G.L. c. 209A, § 11 Petition Relative to Domesticated Animal(s) Buy Form

EXHIBIT 10B

- Motion for Ex Parte Domestic Relations Protective Order Buy Form

EXHIBIT 10C

- Affidavit in Support of Protective Order Buy Form

EXHIBIT 10D

- Address Confidentiality Program Buy Form

EXHIBIT 10E

- Motion for Impoundment and Affidavit Buy Form

EXHIBIT 10F

- Motion for Order Excusing Service of Protective Order Buy Form

EXHIBIT 10G

- Personal Safety Plan for Victims of Domestic Violence Buy Form

EXHIBIT 10H

- Sample Arguments Against Mutual Restraining Orders Buy Form

EXHIBIT 10I

- Affidavit for Filing Out-of-State Protective Order Buy Form

EXHIBIT 10J

- Model Proposed Findings and Rulings Buy Form

Chapter 11 expand

Trial and Evidentiary Issues in Proving Paternity

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Pauline Quirion, Esq., Greater Boston Legal Services
Mark T. Smith, Esq., Atwood & Cherny, PC

EXHIBIT 11A

- Plaintiff’s Requests for Admissions Buy Form

EXHIBIT 11B

- Plaintiff’s Trial Chalk of Retroactive Support Buy Form

EXHIBIT 11C

- Sample Proposed Judgment on Complaint to Establish Paternity Buy Form

EXHIBIT 11D

- Sample Proposed Findings of Fact and Rulings of Law Buy Form

Chapter 12 expand

Postjudgment Relief from Paternity Adjudications and Modifications

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Pauline Quirion, Esq., Greater Boston Legal Services

EXHIBIT 12A

- G.L. c. 209C, § 11—Text of Statute and Amendments Buy Form

EXHIBIT 12B

- G.L. c. 209C, § 8—Text of Statute and Amendments Buy Form

EXHIBIT 12C

- Motion to Strike Genetic Testing Report and All Reference to Report Buy Form

EXHIBIT 12D

- Motion for Relief from Judgment Pursuant to Rule 60(b)(1)–(3) Buy Form

EXHIBIT 12E

- Affidavit in Support of Motion for Relief from Judgment Buy Form

EXHIBIT 12F

- Sample Opposition Where Father Has No Relationship with Child Buy Form

EXHIBIT 12G

- Affidavit to Oppose Relief from Judgment Buy Form

EXHIBIT 12H

- Sample Opposition Where Father Has Relationship with Child Buy Form

Chapter 13 expand

Child Support

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Kelly A. Leighton, Esq., Barnes & Leighton
Christina Paradiso, Esq., Community Legal Aid

Chapter 14 expand

Retroactive Support Awards, Attorney Fees, and Alternative Methods for Payment of Support

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Mary H. Schmidt, Esq., Verrill Dana LLP
Kristin Youkana, Esq., Stryker

Checklist 14.1

- Paternity—Retroactive Child Support Buy Form

EXHIBIT 14A

- Sample Proposed Findings and Judgment Buy Form

EXHIBIT 14B

- Sample Proposed Findings for Litigants Seeking Retroactive Relief Buy Form

EXHIBIT 14C

- Sample Motion for Allowance of Counsel Fees Buy Form

EXHIBIT 14D

- Sample Affidavit of Counsel Buy Form

EXHIBIT 14E

- Sample Certificate of Attorney Buy Form

Chapter 15 expand

Paternity Issues in the Juvenile Court Context

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EXHIBIT 15A

- Complaint to Establish Paternity and/or for an Order of Child Support Buy Form

EXHIBIT 15B

- Affidavit Disclosing Care or Custody Proceedings Buy Form

EXHIBIT 15C

- Notice of Judgment Establishing or Not Establishing Paternity Buy Form

EXHIBIT 15D

- Affidavit of Nonpaternity Buy Form

Chapter 16 expand

Inheritance and Support Issues for a Disinherited Child Born Outside of Marriage

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Lisa M. Cukier, Esq., Rubin and Rudman LLP
Katie M. Dalton, Esq., Bowditch & Dewey LLP
Bryce J. Helfer, Esq., Hemenway & Barnes LLP

Chapter 17 expand

Selected Appellate Issues in Paternity-Related Cases

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Patricia A. DeJuneas, Esq., Sibbison, DeJuneau & Allen LLP

Appendix

Summaries of Significant Chapter 209C and Parentage-Related Cases

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Pauline Quirion, Esq., Greater Boston Legal Services

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