Product Description

Recent updates:

• Update: October 2023

  Dear Subscriber:

  Thank you for updating your library with the latest version of the Massachusetts District Court Criminal Defense Manual . This newly revised publication brings updated resources within your immediate reach—for fast, accurate, and practical answers to your questions in this highly challenging area of practice.

  Highlights from the issues addressed in the 2023 Edition include:

  • the circumstances under which an accused is entitled to a clerk's hearing before the issuance of a criminal complaint;

  • a finding of ineffective assistance of counsel where a racist attorney purported to represent a Black client of Muslim faith;

  • the permissible scope of conditions of release;

  • the scope of pretrial detention authorized by G.L. c. 276, § 58A, and in particular a Supreme Judicial Court hold-ing that neither manslaughter nor assault and battery with a dangerous weapon involve the type of force for which detention would be warranted under the statute;

  • a newly added discussion of lack of criminal responsibility;

  • Supreme Judicial Court guidance on the evidentiary significance of the defendant's rap lyrics;

  • an addition to the mental health statute allowing prisoners to petition for transfer to a Department of Mental Health facility or Bridgewater State Hospital if they have been on mental health watch for seventy-two hours or are at serious risk of imminent and serious self-harm;

  • circumstances under which hearsay is considered substantially reliable for purposes of involuntary civil commit-ment hearings under G.L. c. 123, § 35;

  • discovery sought to support a claim of selective prosecution;

  • the sufficiency of affidavits offered in support of substantive motions;

  • challenges to gun charges based on the Supreme Court's decision in New York State Rifle & Pistol Ass'n v. Bruen, 142 S. Ct. 2111 (2022); and

  • recent developments in the law on voir dire and the use of peremptory challenges.

  We trust you will find this updated version of the Massachusetts District Court Criminal Defense Manual an invaluable resource for your practice.

  Cordially,

  John M. Lawlor, Esq. MCLE Publications Attorney

• Update: August 2021

  Dear Subscriber:

  Thank you for updating your criminal law practice library with the 2021 supplement to MCLE's Massachusetts District Court Criminal Defense Manual .

  With each revision and supplement we strive to provide you with both the most pressing updates in District Court criminal defense practice, as well as even more practical guidance and clear advice. This supplement addresses practice challenges arising from the COVID-19 pandemic (such as speedy trial rights) and also features:

  • a new discussion of GPS monitoring as a condition of release (See Chapter 8: Detention Hearings);

  • a heavily refreshed chapter that provides an introduction to the substantive and procedural aspects of representing defendants with mental disabilities (see Chapter 9: Mental Health Considerations at Arraignment and Beyond); and

  • guidance on motions to challenge racial profiling pursuant to Commonwealth v. Long (see Chapter 10: Pretrial Conferences, Pretrial Hearings, and Discovery and Chapter 11: Substantive Motion Practice).

  We at MCLE trust that you will find these new materials useful in your defense practice and in keeping your law library current. Thank you for your continued support.

  Cordially,

  Alexis J. LeBlanc, Esq., MCLE Publications Attorney

• Update: July 2019

  Dear Subscriber:

  Thank you for updating your criminal law practice library with the 2019 revision to MCLE's Massachusetts District Court Criminal Defense Manual .

  With each revision we strive to provide you with both the most pressing updates in District Court criminal defense practice, as well as even more practical guidance and clear advice. This edition features fresh perspectives from ten new authors. Highlights include:

  • a new chapter on building a relationship with your client (see Chapter 3);

  • practical insight on developing the theory of the case (see Chapter 4);

  • added discussion of the defenses of mere presence and personal use (see Chapter 5);

  • new guidance on motions to sever (see Chapter 11); and

  • a combined chapter on the intertwined topics of plea negotiations and sentencing (see Chapter 16).

  We at MCLE trust that you will find these new materials useful in your defense practice and in keeping your law library current. Thank you for your continued support.

  Cordially,

  Alexis J. LeBlanc, Esq., MCLE Publications Attorney

Table of Contents

Chapter 1 expand

Evaluating the Collection Claim

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Exhibit 1A

- Complaint to Reach and Apply Buy Form

Exhibit 1B

- Forms for Lis Pendens Buy Form

Chapter 2 expand

Preparing and Filing the Collection Action and Motions for Pretrial Attachments

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Checklist 2.1

- Creditor’s Checklist of Advantages and Disadvantages of the Small Claims Procedure Buy Form

Checklist 2.2

- Collections Actions: Checklist of Jurisdictional Requirements Under the Long-Arm Statute Buy Form

Checklist 2.3

- Checklist of Properties Exempt from Trustee Process Attachment Buy Form

Exhibit 2A

- Statement of Small Claim and Notice of Trial with Instructions Buy Form

Exhibit 2B

- Motion for Special Attachment Buy Form

Exhibit 2C

- Complaint for Goods Sold and Delivered Buy Form

Exhibit 2D

- Verified Complaint to Reach and Apply for Goods Sold and Delivered with Trustee Attachment Buy Form

Exhibit 2E

- Complaint for Services Rendered Buy Form

Exhibit 2F

- Complaint on a Promissory Note Buy Form

Exhibit 2G

- Motion for Allowance of Real Estate Attachment Buy Form

Exhibit 2H

- Affidavit in Support of Motion for Approval of Real Estate Attachment Buy Form

Exhibit 2I

- Ex Parte Motion for Approval of Attachment by Trustee Process Buy Form

Exhibit 2J

- Affidavit in Support of Ex Parte Motion for Approval of Attachment by Trustee Process Buy Form

Exhibit 2K

- Motion for Approval of Attachment by Trustee Process (Bank Account) Buy Form

Exhibit 2L

- Affidavit in Support of Motion for Approval of Attachment by Trustee Process Buy Form

Exhibit 2M

- Complaint–Suit on a Judgment Buy Form

Exhibit 2N

- Writ of Attachment Buy Form

Exhibit 2O

- Motion for Allowance of Keeper Attachment; Affidavit in Support of Motion for Allowance of Keeper Attachment Buy Form

Exhibit 2P

- Summons to Trustee Buy Form

Exhibit 2Q

- Trustee’s Answer Buy Form

Exhibit 2R

- Discharge of Trustee Buy Form

Exhibit 2S

- Motion to Charge Trustee Buy Form

Exhibit 2T

- Letter of Instruction to Trustee Buy Form

Exhibit 2U

- Debtor’s Motion to Dissolve Ex Parte Trustee Process Buy Form

Exhibit 2V

- Sample Motion for Alternative Service Buy Form

Exhibit 2W

- Sample Motion for Entry of Default Buy Form

Chapter 3 expand

Reducing the Case to Judgment and Obtaining Execution

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Exhibit 3A

- Request for Default/Default Judgment Buy Form

Exhibit 3B

- Military Affidavit Buy Form

Exhibit 3C

- Memo of Damages Buy Form

Exhibit 3D

- Defendant’s Final Request for Answers to Interrogatories Buy Form

Exhibit 3E

- Application for Final Judgment; Affidavit in Support of Application Buy Form

Exhibit 3F

- Motion for Summary Judgment in District Court; Affidavit in Support of Motion for Summary Judgment Buy Form

Exhibit 3G

- Superior Court Summary Judgment Packet Buy Form

Exhibit 3H

- Agreement for Judgment Buy Form

Exhibit 3I

- Settlement Agreement and Mutual Release Buy Form

Exhibit 3J

- Judgment Buy Form

Exhibit 3K

- Writ of Execution Buy Form

Exhibit 3L

- Motion to Allow Copy of Note Buy Form

Exhibit 3M

- Motion for Appointment as Process Server Buy Form

Chapter 4 expand

Levying on the Execution to Satisfy the Judgment

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Exhibit 4A

- Rule 69 Discovery Buy Form

Exhibit 4B

- Sample Subpoena Duces Tecum Buy Form

Exhibit 4C

- Levy on Real Estate Buy Form

Chapter 5 expand

Satisfying a Judgment by Postjudgment Attachment

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Exhibit 5A

- Postjudgment Ex Parte Motion for Trustee Process Attachment Pursuant to Rules 4.2 and 69 Buy Form

Exhibit 5B

- Motion for Approval of Trustee Process to Attach Wages Buy Form

Exhibit 5C

- Complaint on a Judgment Buy Form

Exhibit 5D

- Trustee Execution Buy Form

Chapter 6 expand

Satisfying a Judgment by Supplementary Process

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Exhibit 6A

- Summons to Judgment Debtor Buy Form

Exhibit 6B

- Debtor’s Examination Questionnaire Buy Form

Exhibit 6C

- Financial Statement of Judgment Debtor Buy Form

Exhibit 6D

- Capias Buy Form

Exhibit 6E

- Motion to Issue New Capias Buy Form

Exhibit 6F

- Petition for Notice to Show Cause Buy Form

Exhibit 6G

- Notice to Show Cause—Small Claims Session Buy Form

Chapter 7 expand

Using Receiverships as a Collection Tool

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Exhibit 7A

- Receivership Complaint Buy Form

Exhibit 7B

- Summons and Order of Notice for Appointment of Receiver Buy Form

Exhibit 7C

- Order Appointing Receiver Buy Form

Exhibit 7D

- Notices of Appointment of Receiver Buy Form

Exhibit 7E

- Receiver’s Motion for Order of Notice for Filing Proofs of Claim Buy Form

Exhibit 7F

- Receiver’s Complaint for Contempt Buy Form

Chapter 8 expand

Collecting Judgments in Special Situations

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Chapter 9 expand

Closing the Case Against the Debtor

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Exhibit 9A

- Release Buy Form

Chapter 10 expand

Contempt and Sanctions

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Exhibit 10A

- Complaint for Contempt Buy Form

Exhibit 10B

- Motion for Sanctions Buy Form

Chapter 11 expand

Remote Practice

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Exhibit 11A

- Supreme Judicial Court Order on Electronic Service Buy Form

Exhibit 11B

- Notice of Acceptance of Electronic Service Buy Form

Exhibit 11C

- Notice of Taking Electronic Deposition Buy Form

Appendix

Collection Resources

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Author(s)