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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

Preliminary Steps in Representing a Client

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Norman J. Fine, Esq., Law Offices of Norman J. Fine, PC

Checklist 1.1

- Information to Gather in Initial Client Meeting Buy Form

Exhibit 1A

- MassHealth Authorization Buy Form

Exhibit 1B

- Prototype of HITECH Letter Directing Hospital Records to Attorney (per ONC Final Rule) Buy Form

Exhibit 1C

- Prototype of HITECH Letter Directing Hospital Records to Patient Only (per Ciox) Buy Form

Exhibit 1D

- Sample Letter Declining to Take a Case Buy Form

Exhibit 1E

- Sample Client/Case Information Form Buy Form

Exhibit 1F

- Contingent Fee Agreement Buy Form

Exhibit 1G

- Application for Benefits—PIP Form Buy Form

Exhibit 1H

- Patient Authorization Form Buy Form

Exhibit 1I

- Employment Disability Form Buy Form

Exhibit 1J

- Wage and Salary Verification Form Buy Form

Exhibit 1K

- Request for Hospital Report Form Buy Form

Exhibit 1L

- Letter of Representation Buy Form

Chapter 2 expand

Ethical Issues for Personal Injury Lawyers

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Philip N. Beauregard, Esq., Beauregard, Burke & Franco
Michael Franco, Esq., Beauregard, Burke & Franco

Exhibit 2A

- Mass. R. Civ. P. 1.5(f), Form A Buy Form

Exhibit 2B

- Mass. R. Civ. P. 1.5(f), Form B Buy Form

Exhibit 2C

- Contingent Fee Letter Buy Form

Chapter 3 expand

The “Standard” Massachusetts Automobile Insurance Policy

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Norman J. Fine, Esq., Law Offices of Norman J. Fine, PC

Exhibit 3A

- AIB Massachusetts Automobile Insurance Policy (2016 Edition) Buy Form

Exhibit 3B

- Memorandum of Changes in the AIB Massachusetts Automobile Insurance Policy Buy Form

Exhibit 3C

- Massachusetts Division of Insurance Bulletin 2017-06 Buy Form

Chapter 4 expand

Dealing with Insurance Companies

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Carroll D. Coletti, Esq., Lynch & Lynch, PC
Hon. Susan E. Sullivan, Superior Court, Commonwealth of Massachusetts

Checklist 4.1

- Checklist for Special Damages Buy Form

Checklist 4.2

- Checklist for General Damages Buy Form

Checklist 4.3

- Checklist for 93A Demand Letter Buy Form

Exhbit 4A

- Sample Letter of Representation to PIP Insurer Buy Form

Exhbit 4B

- Sample Letter of Representation to Liability Insurer Buy Form

Exhbit 4C

- Sample Written Demand for Disclosure of Policy Limits Buy Form

Exhbit 4D

- Sample Settlement Demand Letters Buy Form

Exhbit 4E

- Circular Letter to Claim Personnel: Medical Examination Buy Form

Exhbit 4F

- Sample Physician’s Examination Report Buy Form

Exhbit 4G

- Sample Written Demand for Relief Pursuant to G.L. c. 93A and G.L. c. 176D Buy Form

Exhbit 4H

- Sample Release of All Demands Form Buy Form

Exhbit 4I

- Sample Release and Settlement of Claim Form Buy Form

Exhbit 4J

- Settlement Letter to Client with Authorization to Settle Buy Form

Exhbit 4K

- Sample Minor’s Release and Indemnity Agreement Buy Form

Exhbit 4L

- Petition for Leave to Settle Pursuant to G.L. c. 152, § 15 Buy Form

Exhbit 4M

- Petition for Approval of Third-Party Settlement Buy Form

Exhbit 4N

- Sample Proof of Claim Form Buy Form

Chapter 5 expand

The Tripartite Relationship of Insureds, Insurers, and Defense Counsel— Three Views

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Michael F. Aylward, Esq., Morrison Mahoney LLP
Amy Bratskeir, Esq.,
Paul M. Moretti, Esq.,

Exhibit 5A

- Sample Reservation of Rights Letter Buy Form

Exhibit 5B

- Sample Nonwaiver Agreement Buy Form

Exhibit 5C

- Sample Complaint for Declaratory Judgment Buy Form

Exhibit 5D

- Sample Excess Judgment Letter Buy Form

Exhibit 5E

- MBA Ethics Opinion No. 1991-5 Buy Form

Exhibit 5F

- Preliminary Statement of Office of Bar Counsel Buy Form

Exhibit 5G

- Sample Letter Concerning Noninvolvement in Coverage Disputes Buy Form

Chapter 6 expand

Claims Against Governmental Defendants: Chapter 258 “Public Employers” and Other Public Bodies

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Scott A. Spencer, Esq., CMBG3 Law

Chapter 7 expand

Liquor Liability and Other Special Issues

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Michael K. Gillis, Esq., Gillis & Bikofsky, PC

Checklist 7.1

- Questions for Toxicologist Buy Form

Exhibit 7A

- Complaint: Bar Buy Form

Exhibit 7B

- Complaint: Social Club Buy Form

Exhibit 7C

- Affidavit: Bar Buy Form

Exhibit 7D

- Affidavit: Social Club Buy Form

Exhibit 7E

- Chart of Blood Alcohol Content Comparison Buy Form

Exhibit 7F

- Tax Issues and Personal Injury Litigation Buy Form

Chapter 8 expand

Accident Reconstruction

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Kerry Alvino,

Exhibit 8A

- Sample Scale Diagrams Buy Form

Exhibit 8B

- Sample Weather Records Buy Form

Exhibit 8C

- Sample Time and Distance Charts Buy Form

Exhibit 8D

- Aerial Maps with Scene Evidence Inserted Buy Form

Exhibit 8E

- 3D Computer Illustrations of Impacts Buy Form

Exhibit 8F

- Photographs of Tractor-Trailer Underride Accident Buy Form

Exhibit 8G

- Pedestrian Dynamics Illustration Buy Form

Exhibit 8H

- Sample Downloads of Vehicle Crash Data Buy Form

Chapter 9 expand

Medical Issues: MA Motor Vehicle Torts

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Christopher G. Perillo, Esq., Murphy & Riley, PC
Kevin Michael Sullivan, Esq., Murphy & Riley, PC

Exhibit 9A

- Sample Client Instruction Letter Buy Form

Exhibit 9B

- Sample Medical Authorization Buy Form

Exhibit 9C

- Sample Medical Record Certification (G.L. c. 233, § 79G) Buy Form

Exhibit 9D

- Sample Medical Bill Certification (G.L. c. 233, § 79G) Buy Form

Exhibit 9E

- Sample Letter Requesting Narrative Report Buy Form

Exhibit 9F

- Composite Glossary of Common Medical Terms Buy Form

Exhibit 9G

- Estimates of Average Ranges of Motion Buy Form

Exhibit 9H

- Common Medical Symbols and Abbreviations Buy Form

Exhibit 9I

- Sample Orthopedist’s Report Buy Form

Exhibit 9J

- Sample Chiropractor’s Report Buy Form

Exhibit 9K

- Sample Neurologist’s Report Buy Form

Exhibit 9L

- Sample Neurosurgeon’s Report Buy Form

Exhibit 9M

- Sample Physical Therapist’s Report Buy Form

Exhibit 9N

- Sample Magnetic Resonance Imaging (MRI) Reports Buy Form

Exhibit 9O

- Sample CT Scan Reports Buy Form

Exhibit 9P

- Sample Myelogram Report Buy Form

Exhibit 9Q

- Sample EMG/Nerve Conduction Report Buy Form

Exhibit 9R

- Illustration of Spine Buy Form

Chapter 10 expand

Utilizing Experts in Litigation

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

Exhibit 10A

- Motion of Defendant to Compel Physical Examination Buy Form

Exhibit 10B

- Proposed Form of Order Buy Form

Chapter 11 expand

Damages: MA Motor Vehicle Torts

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J. Michael Conley, Esq., Kenney & Conley, PC

Exhibit 11A

- Model Jury Instructions on Damages Buy Form

Exhibit 11B

- Letter of Intent to Offer Pursuant to G.L. c. 233, § 79G Buy Form

Exhibit 11C

- Affidavit and Certificate Pursuant to G.L. c. 233, § 79G Buy Form

Exhibit 11D

- Request to Physician to Certify Bill, Report Buy Form

Exhibit 11E

- Sample Certified Medical Bill Buy Form

Exhibit 11F

- Request for Wage Verification and Authorization with Lost Wage Questionnaire Buy Form

Exhibit 11G

- Jury Instruction: Wrongful Death of Homemaker Buy Form

Exhibit 11H

- Outline for Deposition of Expert Medical Witness Buy Form

Exhibit 11I

- Request for Medical Narrative Buy Form

Exhibit 11J

- Sample Jury Instruction: Aggravation of Preexisting Injury Buy Form

Exhibit 11K

- Motion in Limine to Exclude Evidence of Prior Injuries Buy Form

Exhibit 11L

- Complaint for Wrongful Death Buy Form

Exhibit 11M

- Sample Jury Instruction: Failure of Plaintiff to Undergo Operation Buy Form

Exhibit 11N

- Notice of Hospital Lien Under G.L. c. 111, § 70B Buy Form

Chapter 12 expand

Plaintiff Files Suit

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Philip N. Beauregard, Esq., Beauregard, Burke & Franco
Richard E. Burke, Jr., Esq., Beauregard, Burke & Franco
Michael Franco, Esq., Beauregard, Burke & Franco

Exhibit 12A

- Sample Complaint for Declaratory Judgment Buy Form

Exhibit 12B

- Sample Cover Sheet (Superior Court) Buy Form

Exhibit 12C

- Sample Cover Sheet (U.S. District Court) Buy Form

Exhibit 12D

- Sample Statement of Damages (District Court) Buy Form

Exhibit 12E

- Letter to Client After Suit Is Filed Buy Form

Exhibit 12F

- Sample Motion for Ex Parte Real Estate Attachment Buy Form

Exhibit 12G

- Sample Affidavit in Support of Ex Parte Attachment Buy Form

Exhibit 12H

- Sample Plaintiff’s Request for Documents Buy Form

Exhibit 12I

- Sample Notice of Taking Deposition (Rule 30) Buy Form

Exhibit 12J

- Sample Notice of Taking Deposition of a Corporation (Rule 30(b)(6)) Buy Form

Exhibit 12K

- Sample Plaintiff’s Interrogatories Buy Form

Exhibit 12L

- Sample Plaintiff’s Interrogatories Buy Form

Exhibit 12M

- Plaintiff’s Motion for Defendant’s Criminal Record Buy Form

Exhibit 12N

- Plaintiff’s Request for Admission Buy Form

Chapter 13 expand

Defendant’s Response

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Joseph A. Seckler, Esq., Morrison Mahoney LLP

Exhibit 13A

- Sample Acknowledgment Letter to Client Buy Form

Exhibit 13B

- Sample Tracking Order Buy Form

Exhibit 13C

- Sample Answer to Complaint Buy Form

Exhibit 13D

- Cross-Claim Buy Form

Exhibit 13E

- Third-Party Complaint Buy Form

Exhibit 13F

- Defendant’s Interrogatories to Plaintiff Buy Form

Exhibit 13G

- Defendant’s Interrogatories to Codefendant Buy Form

Exhibit 13H

- Request for Documents to Plaintiff Buy Form

Exhibit 13I

- HIPAA Authorization Buy Form

Exhibit 13J

- Authorization for Wage and Salary Information Buy Form

Exhibit 13K

- Request for Documents to Codefendant Buy Form

Exhibit 13L

- Cover Letter to Plaintiff’s Attorney for Notice to Offer Medical Report Buy Form

Exhibit 13M

- Cover Letter to Court for Notice to Offer Medical Report Buy Form

Exhibit 13N

- Notice of Intention to Offer Medical Report Buy Form

Exhibit 13O

- Affidavit of Counsel Buy Form

Exhibit 13P

- Affidavit Pursuant to G.L. c. 233, § 79G Buy Form

Chapter 14 expand

Alternative Dispute Resolution

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Owen P. McGowan, Esq., McGowan & Associates

Checklist 14.1

- Checklist of Factors to Consider in Selecting an Arbitrator Buy Form

Exhibit 14A

- Alternative Options for Resolving Civil Cases in the Superior Court During the COVID-19 Pandemic Buy Form

Exhibit 14B

- Mediation Agreement Buy Form

Exhibit 14C

- Commonwealth of Massachusetts Mediation Form Buy Form

Exhibit 14D

- Agreement for Binding Arbitration Buy Form

Chapter 15 expand

Plaintiff’s Perspective of Trial

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Jeffrey D. Woolf, Esq., Office of the General Counsel, Massachusetts Board of Bar Overseers

Exhibit 15A

- Notice to Appear for Final Pretrial Conference Buy Form

Exhibit 15B

- Joint Pretrial Memorandum Buy Form

Exhibit 15C

- Plaintiff’s Motion in Limine Regarding Use of Alcohol Buy Form

Exhibit 15D

- Plaintiff’s Motion in Limine Regarding Record of Criminal Convictions Buy Form

Exhibit 15E

- Confidential Juror Questionnaire Buy Form

Exhibit 15F

- Plaintiff’s Request for Voir Dire of the Jury Buy Form

Exhibit 15G

- Plaintiff’s Supplemental Request for Voir Dire Buy Form

Exhibit 15H

- Special Questions for the Jury Buy Form

Exhibit 15I

- Order for Entry of Dismissal Nisi (30-Day Order) Buy Form

Exhibit 15J

- Stipulation of Dismissal Buy Form

Exhibit 15K

- Agreement for Judgment and Request for Execution Buy Form

Chapter 16 expand

Defendant’s Perspective of Trial

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Christopher G. Perillo, Esq., Murphy & Riley, PC
Kevin Michael Sullivan, Esq., Murphy & Riley, PC

Checklist 16.1

- Trial Preparation Checklist Buy Form

Exhibit 16A

- Defendant’s Motion in Limine Regarding Citation Buy Form

Exhibit 16B

- Defendant’s Proposed Jury Instructions Buy Form

Chapter 17 expand

Liens, Public Benefits, and Trusts

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Heather M. Boutet, Esq., Parker | Scheer LLP
Christina T. Vidoli, Esq., Vidoli Couture, LLP

Checklist 17.1

- Options to Be Considered When Dealing with a Personal Injury Settlement or Judgement Buy Form

Exhibit 17A

- Sample (d)(4)(A) or Under-65 Disability Trust Buy Form

Chapter 18 expand

Protecting the Settlement Proceeds for Your Client

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Neal A. Winston, Esq., Mulvena Winston, PC

Checklist 18.1

- Settlement Planning Tips for the Personal Injury Attorney Buy Form

Chapter 19 expand

An Introduction to Interstate Trucking Litigation in Massachusetts

Buy Chapter

Edward C. Bassett, Jr., Esq., Mirick, O'Connell, DeMallie & Lougee LLP

Checklist 19.1

- Checklist of Physical Qualifications for Driving a Commercial Motor Vehicle Buy Form

Exhibit 19A

- Minimum Levels of Financial Responsibility for Property Motor Carriers Under 49 C.F.R. § 387.9 Buy Form

Exhibit 19B

- Sample Spoliation Letter Buy Form

Exhibit 19C

- Motion for Inspection and for an Order Preserving Evidence Buy Form

Exhibit 19D

- Interstate Trucking/Wrongful Death Complaint Buy Form

Exhibit 19E

- Plaintiff’s Interrogatories to Truck Driver Buy Form

Exhibit 19F

- Request for Documents to Truck Driver Buy Form

Exhibit 19G

- Interrogatories to Trucking Company Buy Form

Exhibit 19H

- Plaintiff’s Request for Documents to Trucking Company Buy Form

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