Product Description

Recent updates:

• Update: April 2020

  Dear Subscriber:

  Thank you for choosing to keep current in the changing area of Mental Health Proceedings in Massachusetts, with this 2020 edition. Inside, you will find updates to a spectrum of topics, new case law, and new insights that are practical and authoritative. Here is just a sample:

  • See chapter 2 for new material on the subject of voluntary and involuntary commitment to psychiatric facilities. The chapter offers discussion of particulars of G.L. c. 123, § 10 and provides insights into the regulations concerning conditional voluntary status, 104 C.M.R. § 27.06, and periodic review, 104 C.M.R. § 27.11. In addition, there is an extensive treatment of the three-day involuntary admission pursuant to G.L. c. 123, §§ 12(a) and 12(b).

  • Chapter 3 offers recent case decisions on topics surrounding commitment trials, including the commencement of trial, the waiver of a trial, and locations for trials. The chapter also discusses statutory and regulatory criteria for commitment.

  • Chapter 4 adds a bibliography of articles pertinent to the clinical perspective on competence and capacity. The chapter also adds new material on the topic of assignment of counsel and what happens when an individual who is presumed indigent refuses to be assigned an attorney to represent them.

  We at MCLE trust that you will find this new edition useful in your law practice, and valuable in keeping your law library current.

  Cordially,

  Maryanne G. Jensen, Esq., MCLE Director of Publications

Table of Contents

Chapter 1 expand

Overview of the One-Trial System

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Tatiana R. Tway, Esq.,

Chapter 2 expand

Pretrial Procedures

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David L. Fine, Esq., Mirick, O'Connell, DeMallie & Lougee LLP
Tatiana R. Tway, Esq.,

Checklist 2.1

- Checklist for Filing a Civil Action in the District Court Buy Form

Checklist 2.2

- Checklist for District Court Trial Preparation Buy Form

Exhibit 2A

- District Court Time Standards and Case Management Orders Buy Form

Exhibit 2B

- Statement of Damages Buy Form

Exhibit 2C

- Transmittal of Appeal - Pretrial Procedures Buy Form

Exhibit 2D

- Order Nisi for Dismissal Buy Form

Exhibit 2E

- Notice of Entry of Judgment of Dismissal Buy Form

Exhibit 2F

- Notice of Case Management Conference Buy Form

Exhibit 2G

- Case Management Conference Report Buy Form

Exhibit 2H

- Notice of Pretrial Conference Buy Form

Exhibit 2I

- Pretrial Conference Report Buy Form

Exhibit 2J

- Trial Order - Pretrial Procedures Buy Form

Chapter 3 expand

Trial Preparation

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Jeffrey J. Trapani, Esq., Hampden Superior Court, Commonwealth of Massachusetts

Checklist 3.1

- Checklist for Obtaining and Preparing Discovery Buy Form

Chapter 4 expand

Jury Trial Techniques

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Harry L. Miles, Esq., Green Miles Lipton LLP

Chatper 5 expand

Proving and Arguing Liability and Damages (Plaintiff's Perspective)

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Bruce P. Gilmore, Esq., Bruce P. Gilmore, P.C.

Chapter 6 expand

Liability and Damages Defendant's Perspective

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Carol A. Kelly, Esq., CRICO/Risk Management Foundation

Chapter 7 expand

Pain and Suffering - District Court Civil Practice Manual

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Jeffrey K. O'Connor, Esq., Bulkley, Richardson and Gelinas LLP

Exhibit 7A

- Taking Issue with New Rule on Arguing Damages Buy Form

Chpater 8 expand

Trial Motions and Postrial Relief

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Michael R. Byrne, Esq., Melick & Porter LLP

Appendix

District Court Civil Practice by Juristictions

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Editor(s)

Author(s)