Product Description

Recent updates:

• Update: April 2023

  Dear Subscriber:

  Thank you for updating your library with the latest version of Massachusetts Criminal Offender Record Information (CORI) Law . This newly revised publication brings updated resources within your immediate reach—for fast, accurate, and practical answers to your questions regarding the handling of criminal offender records in Massachusetts. Highlights from the 2023 edition include

  • information on obtaining a client's CORI online using the iCORI system;

  • a discussion of evidentiary rules governing the use of sealed records;

  • a 2022 law, codified at G.L. c. 276, s. 100K 1/4, providing that decriminalized marijuana offenses must be expunged within thirty days of a request and establishing a range of applicable offenses that includes not only possessory offenses but also certain offenses involving distribution;

  • a review of the standards and procedures applicable under Section 100K 1/4, including the removal of discretion, the availability of a hearing, the requirement of written findings of fact, and a requirement that following an expungement the court must provide the petitioner with copies of the relevant documents and notify the clerk of the originating court, the commissioner of probation, and the commissioner of criminal justice information services;

  • the procedure for sealing the records of persons who have received a pardon from the governor and approval from the Governor's Council, and the effect of sealing such records on employment, housing, and subsequent criminal proceedings;

  • a pending Supreme Judicial Court appeal addressing whether trial courts may deny a request to seal the record of an offense following the defendant's acquittal;

  • a discussion of recently amended statutory provisions on prearraignment diversion programs under G.L. c. 276A and G.L. c. 276B;

  • Supreme Judicial Court caselaw from 2022 emphasizing the strong presumption in favor of expungement in cases eligible under G.L. c. 276, s. 100K and rejecting the court's reliance on the petitioner's other offenses or a belief that expungement would not help the petitioner as reasons to reject the petition;

  • a mandamus action pending in the Supreme Judicial Court that would require the commissioner of probation to apply the juvenile sealing law to youthful offenders;

  • a review of the CORI requirements applicable to employers and prospective employers;

  • recent developments on the consequences of operating-under-the-influence (OUI) convictions and refusals to participate in alcohol testing, including a 2020 law requiring the installation of an ignition interlock device (IID) for certain first-time offenders seeking a hardship license; and

  • a 2022 memorandum from the U.S. Department of Housing and Urban Development addressing the potential interaction between the disabilities of public housing recipients and use of their criminal records.

  We trust you will find this updated version of Massachusetts Criminal Offender Record Information (CORI) Law an invaluable resource for your practice.

  Very truly yours,

  John M. Lawlor, Esq., Publications Attorney

Table of Contents

Chapter 1 expand

Summary Judgment and Other Threshold Dispositive Motions

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Francis D. Dibble, Jr., Esq.,
Jodi K. Miller, Esq., Bulkley, Richardson and Gelinas LLP
Jeffrey E. Poindexter, Esq.,

Exhibit 1A

- Selected Summary Judgment Cases by Subject Buy Form

Chapter 2 expand

Preliminary Injunctions and Temporary Restraining Orders

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Joseph S. Berman, Esq.,
Michelle R. Yu, Esq., Office of the General Counsel, Massachusetts Board of Bar Overseers

Chapter 3 expand

Discovery

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Timothy J. Fazio, Esq., MG+ M Law Firm
Shauna Twohig, Esq., Hunton Andrews Kurth LLP

Exhibit 3A

- Form Protective Order Buy Form

Chapter 4 expand

Effective Oral Argument

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Hon. Michael A. Ponsor,

Chapter 5 expand

Sanctions

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Michael A. Collora, Esq.,
Sara Silva, Esq., Silva, Kettlewell and Pignatelli, LLP

Chapter 6 expand

Selected Federal Evidentiary Issues

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Sarah E.A Sousa, Esq., Arrowood, LLP

Chapter 7 expand

Magistrate Judge Practice

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Hon. Robert B. Collings, U.S. District Court, District of Massachusetts

Exhibit 7A

- Rules for United States Magistrate Judges in the United States District Court for the District of Massachusetts, Including Amendments Through September 7, 2011 Buy Form

Chapter 8 expand

Attorney Fees

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Neerja Sharma, Esq., Zucker Law Group LLP
Ellen J. Zucker, Esq., Zucker Law Group LLP

Checklist 8.1

- Checklist and Practice Pointers for Attorney Fees Applications Buy Form

Chapter 9 expand

Alternative Dispute Resolution Programs and Practice

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Berry B. Mitchell, U.S. District Court, Diistrict of Rhode Island

Chapter 10 expand

Practice Before the U.S. Court of Appeals for the First Circuit

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Judith H. Mizner, Esq., Federal Public Defender Office

Chapter 11 expand

Civil Justice Reform Act

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Nonnie S. Burnes, Esq.,
Jennifer Martin Foster, Esq., Walker & DiMarco, PC
Jason D. Frank, Esq., Morgan, Lewis & Bockius LLP
Kelly Pesce, Esq., Greenberg Traurig LLP
James P. Ponsetto, Esq., Greenberg Traurig LLP
David G. Thomas, Esq., Greenberg Traurig LLP

Exhibit 11A

- Selected References on Civil Justice Reform Buy Form

Chapter 12 expand

Damages Actions Under Section 1983

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John J. Cloherty, III, Esq., Pierce, Davis & Perritano LLP

Chapter 13 expand

RICO in Federal Civil Litigation

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Tracy A. Miner, Esq., Miner Siddall, LLP
Seth B. Orkand, Esq., Robinson & Cole LLP
Terrence M. Schwab, Esq.,

Chapter 14 expand

Employment Discrimination Law

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Corinne Hood Greene, Esq., Greene & Hafer LLC
Susanne Hafer, Esq., Sullivan & Worcester LLP

Checklist 14.1

- Factors in Determining Whether a Claimant Is a Qualified Individual with a Disability Under the ADA Buy Form

Chapter 15 expand

Litigating Under the Federal Tort Claims Act

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Mary Elizabeth Carmody, Esq.,

Chapter 16 expand

Superfund in the First Circuit

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Seth D. Jaffe, Esq., Foley Hoag LLP
Ethan Severance, Esq.,

Chapter 17 expand

Practice in the District of Massachusetts

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Sarah P. Kelly, Esq., Nutter McClennen & Fish LLP
Matthew P. Ritchie, Esq., Biogen, Inc.

Chapter 18 expand

Practice in the District of Rhode Island

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Hon. Lincoln D. Almond, U.S. District Court, District of Rhode Island
Hon. Patricia A. Sullivan, U.S. District Count, District of Rhode Island

Exhibit 18A

- Alternative Dispute Resolution (ADR) Buy Form

Chapter 19 expand

Practice in the District of New Hampshire

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Hon. Landya B. McCafferty, U.S. District Court, District of New Hamsphire
Tracy A. Uhrin, Esq., US District Court for the District of New Hampshire

Exhibit 19A

- Breakdown of Civil Caseload by Case Type: 2014–2018 Buy Form

Exhibit 19B

- Executive Summary for ECF Users Buy Form

Exhibit 19C

- Sample Discovery Plan Buy Form

Exhibit 19D

- Sample Extension of Deadlines Established by Discovery Plan Form Buy Form

Exhibit 19E

- Protective Order Buy Form

Chapter 20 expand

Practice in the District of Maine

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Hon. John H. Rich, III, U.S. District Court, District of Maine

Chapter 21 expand

Practice in the District of Puerto Rico

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Tristan P. Colangelo, Esq., Kerstein, Coren & Lichtenstein

Exhibit 21A

- Standing Order Proceeding Before Magistrate Judge Buy Form

Exhibit 21B

- Standing Order: Rules of Practice Buy Form

Exhibit 21C

- Standing Order: Lawyer’s Duties to the Court Buy Form

Exhibit 21D

- Standing Order: Filing of Petitions for Attorney’s Fees Buy Form

Exhibit 21E

- Standing Order: Certified English Translations Buy Form

Exhibit 21F

- Standing Order: English Language and Depositions Buy Form

Exhibit 21G

- Scheduling Order Buy Form

Exhibit 21H

- Case Management Order Buy Form

Exhibit 21I

- Courtesy Copies Buy Form

Exhibit 21J

- Standing Order: Discovery Disputes Buy Form

Exhibit 21K

- Standing Order: Communications by Counsel to Law Clerks Buy Form

Exhibit 21L

- Standing Order: Format of Proposed Orders/?Judgments Buy Form

Exhibit 21M

- Standing Order: Policy for Dispositive Motions Buy Form

Exhibit 21N

- Amended Standing Order: Jury Selection Buy Form

Chapter 22 expand

Recognition and Enforcement of Foreign Judgments and Arbitral Awards

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Theodore J. Folkman, Esq., Rubin Rudman LLP

Exhibit 22A

- Sample Complaint for Recognition and Enforcement of Judgment Buy Form

Exhibit 22B

- Checklist of Safe Harbors Under G.L. c. 235, § 23A Buy Form

Exhibit 22C

- New York Convention (Convention on the Recognition and Enforcement of Foreign Arbitral Awards) Buy Form

Exhibit 22D

- Panama Convention (Inter-American Convention on International Commercial Arbitration) Buy Form

Exhibit 22E

- Motion to Confirm International Arbitral Award Buy Form

Exhibit 22F

- U.S. Reservations to the Panama Convention (Made at the Time of Ratification) Buy Form

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