Product Description

Recent updates:

• Update: November 2022

  Dear Subscriber:

  Thank you for choosing to keep your copy of the Massachusetts District Court Civil Practice Manual current with this third edition. Inside, you will find new material on topics such as the following:

  • Remote depositions. See chapter 3 for guidance on weighing the utility of a remote deposition.

  • Experts. See chapter 3 for discussion of claims requiring an expert in order for a party to meet its burden of proof, and obligations, under the rules of civil procedure and the District Court's Joint Standing Order 1-04, to disclose use of an expert.

  • Motions notwithstanding the verdict. See chapter 8 for recent case law regarding waiver of arguments raised in motions for directed verdicts, when they are subsequently presented in motions notwithstanding the verdict.

  • Motions to amend the judgment. See chapter 8 for a recent case cite on the topic of parties agreeing among themselves to extend the deadline for service beyond that which is provided for in Mass. R. Civ. P. 59(e).

  • Appealing dismissal for failure to comply with procedural amount. See chapter 8 for a recent decision where the amount-in-controversy limitation applies only to the claims asserted by the plaintiff, and a counterclaim that exceeds the procedural amount is found not to provide grounds for dismissal under statute.

  We at MCLE trust that you will find this edition useful in your District Court civil practice, and valuable in keeping your 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., Cain Hibbard & Myers, PC

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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