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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

The Probate and Family Court System

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Denise M. Fitzgerald, Esq., Probate and Family Court Administrative Office, Commonwealth of Massachusetts
Hon. Angela M. Ordoñez,

Checklist 1.1

- Reference Checklist of Probate and Family Court Standing Orders Buy Form

Checklist 1.2

- Reference Checklist of Uniform Probate and Family Court Practices Buy Form

Chapter 2 expand

The Initial Client Interview and Starting an Action for Divorce

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Checklist 2.1

- Divorce Client Information Packet Checklist Buy Form

Exhibit 2A

- Confidential Divorce Client History Buy Form

Exhibit 2B

- List of Documents and Attachments Needed to Accompany Confidential Divorce Client History Buy Form

Exhibit 2C

- Schedule of Living Expenses Buy Form

Exhibit 2D

- Factors to Be Considered in Dividing Marital Assets Under G.L. c. 208, § 34 Buy Form

Exhibit 2E

- Asset Listing Buy Form

Exhibit 2F

- Report of Absolute Divorce or Annulment (Form R-408) Buy Form

Exhibit 2G

- Divorce Client Information Sheet Buy Form

Exhibit 2H

- Divorce Client Fee Agreement Buy Form

Exhibit 2I

- Checklist of Important Issues in Divorce Practice Buy Form

Exhibit 2J

- Client’s Memorandum on Divorce Buy Form

Exhibit 2K

- Client’s Memorandum on Children’s Concerns During Divorce Buy Form

Chapter 3 expand

Mediation and Other Dispute Resolution Alternatives

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John A. Fiske, Esq., HealyFiske LLP
Michael L. Leshin, Esq., HealyFiske LLP

Exhibit 3A

- Guide to Court-Connected Alternative Dispute Resolution Services Buy Form

Exhibit 3B

- ABA Formal Ethics Opinion 07-447: Ethical Considerations in Collaborative Law Practice Buy Form

Exhibit 3C

- Sample Agreement for Binding Arbitration in a Divorce Proceeding Buy Form

Exhibit 3D

- Sample Parenting Coordinator Agreement Buy Form

Exhibit 3E

- Guidelines for Implementation of Qualification Standards Pursuant to Rule 8 of the Uniform Rules on Dispute Resolution Buy Form

Exhibit 3F

- ADR Bibliography Buy Form

Exhibit 3G

- Sample Divorce Mediation and Fee Contract Buy Form

Exhibit 3H

- Sample Mediation and Fee Agreement Buy Form

Exhibit 3I

- Sample Mediation Homework (Either Spouse or Both) Buy Form

Exhibit 3J

- Financial Statement for Mediation Buy Form

Exhibit 3K

- Massachusetts Council on Family Mediation Standards Buy Form

Exhibit 3L

- Association for Conflict Resolution Standards of Practice for Family and Divorce Mediation Buy Form

Exhibit 3M

- Massachusetts Bar Association, Committee on Professional Ethics, Opinion No. 85-3 Buy Form

Exhibit 3N

- Boston Bar Association, Committee of Professional Responsibility, Opinion No. 78-1 Buy Form

Exhibit 3O

- Mediation Resources Buy Form

Chapter 4 expand

Collaborative Family Law

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Rachel B. Goldman, Esq.,

Exhibit 4A

- Uniform Collaborative Law Rules and Uniform Collaborative Law Act Buy Form

Exhibit 4B

- Massachusetts Collaborative Law Council Guidelines for Best Practices in Collaborative Family Law Buy Form

Exhibit 4C

- Sample Collaborative Law First Joint Meeting Agenda Buy Form

Exhibit 4D

- Sample Collaborative Law Participation Agreement Buy Form

Exhibit 4E

- Sample Collaborative Legal Representation Engagement Letter Buy Form

Chapter 5 expand

Motion Practice for Temporary Orders

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Nicole E. Collins, Esq., Rubin Rudman LLP
Mary Beth L. Sweeney, Esq., Atwood & Cherny, PC

Exhibit 5A

- Plaintiff’s Motion for Temporary Orders Buy Form

Exhibit 5AA

- Motion for Restraining Order Against Unrelated Third Parties Buy Form

Exhibit 5AAA

- Defendant’s Second Motion to Compel Production of Documents Buy Form

Exhibit 5B

- Motion for Short Order of Notice on Motion Buy Form

Exhibit 5BB

- Motion of the Chapter 7 Trustee to Intervene Buy Form

Exhibit 5BBB

- Memorandum in Support of Defendant’s Second Motion to Compel Production of Documents Buy Form

Exhibit 5C

- Motion for Temporary Spousal Support Buy Form

Exhibit 5CC

- Plaintiff’s Motion for Writ Ne Exeat Buy Form

Exhibit 5CCC

- Attorney’s Certification Buy Form

Exhibit 5D

- Plaintiff’s Motion for Counsel Fees Pendente Lite Buy Form

Exhibit 5DD

- Affidavit in Support of Motion for Writ Ne Exeat Buy Form

Exhibit 5DDD

- Motion in Limine Buy Form

Exhibit 5E

- Defendant’s Motion for Allowance of Counsel and Expert Fees, Pendente Lite Buy Form

Exhibit 5EE

- Plaintiff’s Motion for Habeas Corpus Buy Form

Exhibit 5EEE

- Motion to Strike Portion of Pretrial Memorandum Buy Form

Exhibit 5F

- Affidavit of Attorney in Support of Motion for Attorney Fees Pendente Lite Buy Form

Exhibit 5FF

- Plaintiff’s Motion for Appointment of Real Estate Master Buy Form

Exhibit 5FFF

- Motion to Exclude Tax Returns from Evidence Buy Form

Exhibit 5G

- Plaintiff’s Certificate of Attorney Buy Form

Exhibit 5GG

- Motion for Trustee Process Buy Form

Exhibit 5GGG

- Motion for Appointment of an Expert Buy Form

Exhibit 5H

- Plaintiff’s Motion for Appointment of Category F Guardian ad Litem Buy Form

Exhibit 5HH

- Motion to Modify Temporary Custody Order Buy Form

Exhibit 5HHH

- Defendant’s Motion for Summary Judgment Buy Form

Exhibit 5I

- Proposed Temporary Restraining Order Buy Form

Exhibit 5II

- Motion to Appoint Attorney for Child Buy Form

Exhibit 5III

- Memorandum of Law in Support of Defendant’s Motion for Summary Judgment Buy Form

Exhibit 5J

- Ex Parte Motion for Temporary Restraining Order to Prevent Transfer of Marital Assets Buy Form

Exhibit 5JJ

- Motion for Short Order of Notice on Contempt Buy Form

Exhibit 5JJJ

- Affidavit of Undisputed Facts in Support of Defendant’s Motion for Summary Judgment Buy Form

Exhibit 5K

- Affidavit in Support of Ex Parte Motion for Temporary Restraining Order to Prevent Transfer of Marital Assets Buy Form

Exhibit 5KK

- Affidavit of Notice Buy Form

Exhibit 5KKK

- Motion to Appoint ARC Attorney Buy Form

Exhibit 5L

- Motion to Maintain Medical Insurance and for Payment of Uninsured Medical Expenses Buy Form

Exhibit 5LL

- Motion to Establish Case Management Conference Buy Form

Exhibit 5LLL

- Motion to Appoint Category E Guardian ad Litem Buy Form

Exhibit 5M

- Motion to Maintain Life Insurance Buy Form

Exhibit 5MM

- Motion for Psychiatric Examination Buy Form

Exhibit 5MMM

- Motion to Appoint Special Guardian ad Litem to Assert/Waive Minor Child’s Psychotherapeutic Privilege Buy Form

Exhibit 5N

- Defendant’s Motion to Compel Sale of Marital Home Buy Form

Exhibit 5NN

- Motion to Quash Subpoena Buy Form

Exhibit 5O

- Motion to Remove Personal Property Buy Form

Exhibit 5OO

- Motion for Leave to Take a Limited Deposition Buy Form

Exhibit 5P

- Motion to Vacate Marital Home Buy Form

Exhibit 5PP

- Motion for Sanctions Under Rule 37 Buy Form

Exhibit 5Q

- Motion for Automatic Wage Assignment Buy Form

Exhibit 5QQ

- Motion for Issuance of Bench Warrant Buy Form

Exhibit 5R

- Plaintiff’s Ex Parte Motion for Real Estate Attachment Buy Form

Exhibit 5RR

- Motion for Protective Order Buy Form

Exhibit 5S

- Motion to Dissolve Ex Parte Real Estate Attachment Buy Form

Exhibit 5SS

- Motion to Compel Filing of Financial Statement and for Sanctions Buy Form

Exhibit 5T

- Motion for Partial Dissolution of Restraining Order Buy Form

Exhibit 5TT

- Defendant’s Motion to Set Discovery Schedule and Establish Pretrial Conference Buy Form

Exhibit 5U

- Plaintiff’s Motion to Impound Buy Form

Exhibit 5UU

- Plaintiff’s Motion for Appointment of Master to Monitor Discovery Buy Form

Exhibit 5V

- Affidavit of Natalie Anchor in Support of Motion to Impound Divorce File Buy Form

Exhibit 5VV

- Plaintiff’s Motion for Letters Rogatory Buy Form

Exhibit 5W

- Order and Findings of Fact on Plaintiff’s Motion to Impound File Buy Form

Exhibit 5WW

- Commission to Take Deposition in Oregon Buy Form

Exhibit 5X

- Motion to Strike Affidavit of Louise Smith Buy Form

Exhibit 5XX

- Defendant’s Motion to Permit Inspection of Real Estate Buy Form

Exhibit 5Y

- Motion to Remove Minor Children from the Commonwealth Buy Form

Exhibit 5YY

- Motion to File More Than Thirty Interrogatories Buy Form

Exhibit 5Z

- Motion to Restrain Removal of Minor Children from the Commonwealth Buy Form

Exhibit 5ZZ

- Motion to Compel Response to Request for Production of Documents Buy Form

Chapter 6 expand

Financial Statements

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W. Sanford Durland, III, Esq., Warner, Federico & Ryan LLP
Cynthia Grover Hastings, Esq., Hastings, Jamieson & Lipschutz

Checklist 6.1

- Questions to Ask When Reviewing a Completed Financial Statement in Preparation for Filing Buy Form

Exhibit 6A

- Request for Financial Statement Buy Form

Exhibit 6B

- Financial Statement (Long Form) Buy Form

Exhibit 6C

- Financial Statement (Short Form) Buy Form

Exhibit 6D

- Financial Statement Worksheet Buy Form

Exhibit 6E

- Financial Statement Schedule A Buy Form

Exhibit 6F

- Financial Statement Schedule B Buy Form

Exhibit 6G

- Schedule of Weekly Expenses Buy Form

Chapter 7 expand

Discovery

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Calvin J. Heinle, Esq., Gibbs Heinle Maiona LLP
Christie G. Jacobi, Esq., Gibbs Heinle Maiona LLP

Exhibit 7A

- Tibbetts v. Tibbetts (1992) Buy Form

Exhibit 7AA

- Sample Document Schedule: Employer Buy Form

Exhibit 7B

- Vaughan v. Vaughan (1991) Buy Form

Exhibit 7BB

- Sample Document Schedule: Business Records Buy Form

Exhibit 7C

- Affidavit of Unavailability of Documents Required Under Supplemental Probate and Family Court Rule 410 Buy Form

Exhibit 7CC

- Sample Document Schedule: Creditor(s) Buy Form

Exhibit 7D

- Request for Rule 410 Documents Buy Form

Exhibit 7DD

- Sample Document Schedule: Accountant(s) Buy Form

Exhibit 7E

- Statement of Documents Produced Pursuant to Supplemental Probate and Family Court Rule 410 Buy Form

Exhibit 7EE

- Sample Document Schedule: Third Party Buy Form

Exhibit 7F

- Request for Additional Rule 410 Documents Pursuant to Rule 410(b)(1) Buy Form

Exhibit 7FF

- Out-of-State Depositions: Motion for Letter Rogatory Buy Form

Exhibit 7G

- Request for Financial Statement Under Supplemental Rule 401 Buy Form

Exhibit 7GG

- Out-of-State Deposition: Letter Rogatory Buy Form

Exhibit 7H

- Motion to Compel Production of Financial Statement Buy Form

Exhibit 7HH

- Out-of-State Deposition: Motion for Issuance of a Commission to Take Deposition Buy Form

Exhibit 7I

- Expert Interrogatories Buy Form

Exhibit 7II

- Out-of-State Deposition: Commission to Take Deposition Buy Form

Exhibit 7J

- Request for Production of Documents Buy Form

Exhibit 7JJ

- Motion for Sanctions and to Compel Attendance at Deposition Buy Form

Exhibit 7K

- Interrogatories Buy Form

Exhibit 7KK

- Motion to Quash/for Protective Order Buy Form

Exhibit 7L

- Motion to Compel Discovery: Motion to Compel Answers to Interrogatories and for Sanctions Buy Form

Exhibit 7LL

- Motion to Appoint Guardian ad Litem Under G.L. c. 215, § 56A Buy Form

Exhibit 7M

- Affidavit of Counsel in Support of Request for Counsel Fees Buy Form

Exhibit 7MM

- Motion for Mental Examination Under Rule 35 Buy Form

Exhibit 7N

- Motion to Compel Discovery: Motion to Compel Responses to Request for Production of Documents and for Sanctions Buy Form

Exhibit 7NN

- Motion to Appoint a Discovery Master Buy Form

Exhibit 7O

- Certification of Discussion Between Counsel re: Discovery Buy Form

Exhibit 7OO

- Authorization for the Release and/or Discussion of Protected Health Information Buy Form

Exhibit 7P

- Request for Admissions of Fact Buy Form

Exhibit 7Q

- Sample Request for Admissions of Fact Buy Form

Exhibit 7R

- Notice of Taking Deposition of a Party Buy Form

Exhibit 7S

- Notice of Taking Deposition of a Witness (Keeper of the Records) Buy Form

Exhibit 7T

- Deposition Subpoena (Keeper of the Records) Under Rules 30(a) and 45 Buy Form

Exhibit 7U

- Affidavit of Keeper of Records Buy Form

Exhibit 7V

- Notice of Taking Deposition Under Rule 30(b)(6) Buy Form

Exhibit 7W

- Deposition Subpoena Under Rule 30(b)(6) Buy Form

Exhibit 7X

- Sample Document Schedule: Financial Institution for Bank Records Buy Form

Exhibit 7Y

- Sample Document Schedule: Parent of Spouse re: Potential Inheritance Buy Form

Exhibit 7Z

- Sample Vaughan Affidavit Buy Form

Chapter 8 expand

Division of Estate

Buy Chapter

David M. Friedman, Esq., Rubin Rudman LLP
Zoe Martin, Esq., Davis, Malm & D'Agostine, PC
Nancy G. O'Donnell, Esq., Verrill Dana LLP
Carolyn Van Tine, Esq., Davis, Malm & D'Agostine, PC

Checklist 8.1

- Checklist of Potential Section 34 Assets Buy Form

Exhibit 8A

- Request for Production of Documents Pursuant to Mass. R. Dom. Rel. P. 34 Buy Form

Chapter 9 expand

Alimony

Buy Chapter

Sara E. Kitaeff, Esq., Rubin Rudman LLP
Mark J. Warner, Esq., Warner, Federico & Ryan LLP

Exhibit 9A

- Application of Alimony Percentages in the Alimony Reform Act of 2011 Under the Tax Cuts and Jobs Act Buy Form

Chapter 10 expand

Child Support

Buy Chapter

Ronald P. Barriere, Esq., Bowditch & Dewey LLP
Katie M. Dalton, Esq., Bowditch & Dewey LLP
Charles R. Hunsinger, Bowditch & Dewey LLP

Exhibit 10A

- Department of Revenue Forms Used in Child Support Enforcement Actions Buy Form

Exhibit 10B

- Child Support Intake Form and Application for Full Child Support Services Buy Form

Exhibit 10C

- Example of Order/Notice to Withhold Income for Child Support Buy Form

Exhibit 10D

- Annual Notice of Child Support Delinquency (F60604) Buy Form

Exhibit 10E

- Notice of Levy to Bank Regarding Parent’s Past Due Child Support (F60902, Page 1) Buy Form

Exhibit 10F

- Bank Levy Response Form (F60902, Page 2) Buy Form

Exhibit 10G

- Affidavit of Child Support Arrears (F70013) Buy Form

Exhibit 10H

- CSE Directive 09-1: Child Support Orders That Are Unclear, Illegible, Ambiguous, or Lack Information Necessary to Collect and Enforce the Order Buy Form

Exhibit 10I

- DOR Directive 97-2: Levies on Property Maintained by Financial Institutions for Collection of Delinquent Taxes or Child Support Buy Form

Exhibit 10J

- DOR Directive 13-5 Modification of Procedures for Financial Institutions Receiving DOR Notice of Tax or Child Support Levy Buy Form

Exhibit 10K

- Massachusetts Child Support Guidelines Buy Form

Exhibit 10L

- Massachusetts Child Support Guidelines Worksheet Buy Form

Exhibit 10M

- Findings and Determinations for Child Support and Postsecondary Education (Deviation) Form Buy Form

Exhibit 10N

- Child Support Guidelines Chart Buy Form

Exhibit 10O

- Motion for Temporary Child Support Buy Form

Exhibit 10P

- Proposed Order Pursuant to Child Support Guidelines Buy Form

Exhibit 10Q

- Proposed Order with Deviation from Guidelines Buy Form

Chapter 11 expand

Issues Relating to Children

Buy Chapter

Jennifer Sevigney Durand, Esq., Durand Family Law LLC

Exhibit 11A

- Sample Letter to Judge in Another Jurisdiction Regarding MCCJA/PKPA Jurisdictional Issues Buy Form

Exhibit 11B

- Massachusetts Association of Family and Conciliation Courts: Planning for Shared Parenting— A Guide for Parents Living Apart Buy Form

Exhibit 11C

- Order Appointing a Guardian ad Litem Buy Form

Exhibit 11D

- Subpoena of Guardian ad Litem Buy Form

Exhibit 11E

- Notice of Taking Deposition of Guardian ad Litem Buy Form

Exhibit 11F

- Mandatory Guidelines for Attorneys Representing Children (ARC) Buy Form

Chapter 12 expand

Pretrial Hearings

Buy Chapter

W. Sanford Durland, III, Esq., Warner, Federico & Ryan LLP
Cynthia Grover Hastings, Esq., Hastings, Jamieson & Lipschutz

Exhibit 12A

- Request for Trial/Pretrial Assignment: Generic Example and Sample Forms Used by Specific Counties Buy Form

Exhibit 12B

- Pretrial Notice and Standing Order Buy Form

Exhibit 12C

- Motion to Continue Pretrial Conference Buy Form

Exhibit 12D

- Sample Order (Following Pretrial Conference) Buy Form

Exhibit 12E

- Request for Case Management Conference Buy Form

Exhibit 12F

- Motion to Schedule Case Management Conference Buy Form

Exhibit 12G

- Case Management Conference Notice and Order Buy Form

Exhibit 12H

- Stipulation and Order After Case Management Conference Buy Form

Chapter 13 expand

Separation Agreements

Buy Chapter

Phyllis E. Federico, Esq., Warner, Federico & Ryan LLP
Glenn M. Schley, Esq., Warner, Federico & Ryan LLP

Exhibit 13A

- Sample Marital Agreement Buy Form

Chapter 14 expand

Use of Experts

Buy Chapter

Sherri Coate-Trask,

Exhibit 14A

- Plaintiff’s First Set of Expert Interrogatories Buy Form

Exhibit 14B

- Sample Direct Examination of an Accountant Buy Form

Exhibit 14C

- Sample Cross-Examination Buy Form

Exhibit 14D

- Sample Direct Examination of Real Estate Appraiser Buy Form

Chapter 15 expand

Valuation

Buy Chapter

Jordan Patrick Bowne, Esq., Casner & Edwards LLP
Molly Wilson Chung, Esq., Casner & Edwards LLP
Elizabeth G. Crowley, Esq., Bowditch & Dewey LLP
Francine Gardikas, Esq., Bowditch & Dewey LLP
Robin Lynch Nardone, Esq., Bowditch & Dewey LLP

Checklist 15.1

- Valuation Document Checklist Buy Form

Exhibit 15A

- Valuation: Sources of Information Buy Form

Exhibit 15B

- Select Cases and Other Authorities Relevant to Valuation Buy Form

Chapter 16 expand

Retirement Assets

Buy Chapter

William H. Schmidt, Esq., Squillace & Associates, PC

Checklist 16.1

- Pension and Deferred-Compensation Discovery Checklist Buy Form

Exhibit 16A

- Social Security Administration Publication No. 05-10007: Government Pension Offset Buy Form

Exhibit 16B

- Social Security Administration Publication No. 05-10045: Windfall Elimination Provision Buy Form

Chapter 17 expand

Trial Practice Techniques

Buy Chapter

Zoe Martin, Esq., Davis, Malm & D'Agostine, PC
Raymond Thomas Weicker, III, Esq., Weicker Law PLLC

Checklist 17.1

- Typical Divorce Trial Notebook Elements Buy Form

Exhibit 17A

- Example Divorce Trial Chart Excerpt Buy Form

Exhibit 17B

- Motion in Limine Buy Form

Exhibit 17C

- Plaintiff’s Trial Memorandum Buy Form

Exhibit 17D

- Plaintiff’s Trial Memorandum in Outline Format Buy Form

Exhibit 17E

- Plaintiff Husband’s Proposed Judgment Buy Form

Chapter 18 expand

Selected Evidentiary Issues

Buy Chapter

Robert J. O'Regan, Esq., Nixon Peabody LLP

Exhibit 18A

- Resources on Massachusetts Evidence Law Buy Form

Exhibit 18B

- Selected Evidentiary Objections and General Rules Buy Form

Chapter 19 expand

Posttrial Motions and Appellate Procedure

Buy Chapter

Susan E. Stenger, Esq., Stenger Law Office

Chapter 20 expand

Modification

Buy Chapter

David M. Friedman, Esq., Rubin Rudman LLP
Rachael M. Soun, Esq., Atwood & Cherny, PC

Checklist 20.1

- Statutes Practitioners Must Know in Regard to Modification of a Probate and Family Court Judgment Buy Form

Exhibit 20A

- Complaint for Modification Buy Form

Exhibit 20B

- Defendant’s Answer to Complaint for Modification Buy Form

Exhibit 20C

- Complaint for Modification of Alimony Buy Form

Exhibit 20D

- Joint Petition/Motion to Change a Judgment/Temporary Order Buy Form

Exhibit 20E

- Defendant’s Answer to Plaintiff’s Complaint for Contempt and Counterclaim for Modification Buy Form

Chapter 21 expand

Contempt

Buy Chapter

Checklist 21.1

- Common Defenses to a Complaint for Contempt in Probate and Family Court Buy Form

Exhibit 21A

- Complaint for Contempt Buy Form

Exhibit 21B

- Computation of Arrears Buy Form

Exhibit 21C

- Defendant’s Answer Buy Form

Exhibit 21D

- Order for Support, Health Insurance, and Income Assignment (“Wage Assignment”) Buy Form

Exhibit 21E

- Child Support Intake Form and Application for Full Child Support Services Buy Form

Chapter 22 expand

Tax Considerations

Buy Chapter

Claire K. Forkner, Esq., Lee & Rivers, LLP
David H. Lee, Esq., Lee & Rivers LLP

Exhibit 22A

- Intended Taxable/Deductible Alimony Adjustment; Intent of the Parties Buy Form

Exhibit 22B

- Indemnification Clauses for Use in Separation Agreement Alternative 1 Buy Form

Exhibit 22C

- Indemnification Clauses for Use in Separation Agreement Alternative 2 Buy Form

Exhibit 22D

- Indemnification Agreement for Use During Pendency of Divorce Buy Form

Chapter 23 expand

Premarital Agreements

Buy Chapter

Barbara L. Drury, Esq., Fitch Law Partners LLP
Jeffrey A. Soilson, Esq., Quantum ADR

Checklist 23.1

- Premarital Agreement Checklist Buy Form

Exhibit 23A

- Premarital Agreement Questionnaire Buy Form

Exhibit 23B

- Premarital Agreement (Increments Per Years Married) Buy Form

Exhibit 23C

- Premarital Agreement (Second Marriage—Older Couple) Buy Form

Exhibit 23D

- Premarital Agreement (Younger Couple) Buy Form

Chapter 24 expand

Marital Agreements

Buy Chapter

Jeffrey C. Melick, Esq.,

Chapter 25 expand

Health Insurance

Buy Chapter

Clare McGorrian, Esq., South Coastal Counties Legal Service/Fall River

Checklist 25.1

- COBRA Checklist for Qualified Beneficiaries Buy Form

Exhibit 25A

- Sample Initial Letter to Employer Re: Divorced Spouse’s Right to Health Insurance Buy Form

Exhibit 25B

- Sample Letter to Employer Re: Application of Massachusetts Insurance Law to Fully Insured Health Plan Buy Form

Exhibit 25C

- Sample Letter to Employer Re: Continuing to Contribute to Former Spouse’s Premium Buy Form

Exhibit 25D

- Sample Letter to Employer Re: Divorce Judgment Requirement of Continued Health Coverage for Ex-Spouse Buy Form

Exhibit 25E

- Sample Health Coverage Language for a Separation Agreement or a Proposed Court Judgment Buy Form

Exhibit 25F

- Health Insurance and Divorce: Select Statutes and Cases Buy Form

Exhibit 25G

- Sample Summary Plan Description (Self-Insured Employee Benefit Plan) Buy Form

Exhibit 25H

- Sample Summary Plan Description (Self-Insured Grandfathered Labor-Management Plan) Buy Form

Exhibit 25I

- Internal Revenue Service: Answers to Frequently Asked Questionsfor Individuals of the Same Sex Who Are Married Under State Law Buy Form

Exhibit 25J

- MassHealth Income Standards Chart (2018) Buy Form

Chapter 26 expand

Representing Victims of Domestic Violence

Buy Chapter

Sandra E. Lundy, Esq., Lundy Legal LLC
Pauline Quirion, Esq., Greater Boston Legal Services

Checklist 26.1

- Case Assessment Checklist for the Domestic Relations Practitioner Buy Form

Chapter 27 expand

Same-Sex Marriage, Divorce, and Estate Planning Issues

Buy Chapter

Lisa M. Cukier, Esq., Rubin Rudman LLP
Andrea E. Nelson, Esq., Koiles Pratt

Checklist 27.1

- Adoption Checklist: Coparent Adoption (Where One or Both Parties Are Already Legal Parents to Child) Buy Form

Checklist 27.2

- Known Donor Checklist for Married Same-Sex Couples Buy Form

Checklist 27.3

- Adoption Checklist—Private Domestic or International Adoption Buy Form

Checklist 27.4

- Alternate Routes to Parentage Buy Form

Checklist 27.5

- Guardian ad Litem Initial Questions (When Ascertaining Whether to Propose or Agree to GAL) Buy Form

Exhibit 27A

- Joint Representation Consent Buy Form

Exhibit 27B

- Motion to Waive Six-Month Residency Requirement Buy Form

Exhibit 27C

- Motion to Waive Notice [to Be Filed Where Child Conceived Prior to Marriage or Nonmarital] Buy Form

Exhibit 27D

- Affidavit [to Be Filed Where Child Conceived During Marriage] Buy Form

Exhibit 27E

- Motion to Waive Home Study Buy Form

Exhibit 27F

- Affidavit of Parents Buy Form

Exhibit 27G

- Form R-891S: Certificate of Adoption Buy Form

Exhibit 27H

- Complaint to Establish Parentage and Support Memorandum Buy Form

Exhibit 27I

- Client Intake Checklist for Dissolutions/Divorce and Potential Issues Buy Form

Exhibit 27J

- Complaint in Equity for Dissolution of Civil Union Buy Form

Exhibit 27K

- Health Care Proxy Buy Form

Exhibit 27L

- Authorization for Release of Protected Health Information Buy Form

Exhibit 27M

- Massachusetts Health Care Proxy Information, Instructions, and Form Buy Form

Exhibit 27N

- DNR Order Verification Buy Form

Exhibit 27O

- Durable Power of Attorney Buy Form

Exhibit 27P

- Statement Concerning Durable Power of Attorney Buy Form

Exhibit 27Q

- Will Buy Form

Exhibit 27R

- Declaration as to Remains Buy Form

Exhibit 27S

- Voluntary Acknowledgment of Parentage Buy Form

Chapter 28 expand

Bankruptcy and Divorce

Buy Chapter

Mark G. DeGiacomo, Esq., Murtha Cullina LLP

Chapter 29 expand

Basic Estate Planning for Divorce Lawyers

Buy Chapter

Brian D. Bixby, Esq., Wilchins Cosentino & Novins LLP
Jordan Patrick Bowne, Esq., Casner & Edwards LLP
Elizabeth G. Crowley, Esq., Bowditch & Dewey LLP
Christine N. Fletcher, Esq., Day Pitney LLP
Charles R. Hunsinger, Bowditch & Dewey LLP
Robin Lynch Nardone, Esq., Bowditch & Dewey LLP
David S. Raymon, Esq., Day Pitney LLP

Exhibit 29A

- Estate Planning Questionnaire Buy Form

Exhibit 29B

- Simple Will Leaving Property to Children Buy Form

Exhibit 29C

- Simple Will Leaving Property to a Trust for the Benefit of Children Buy Form

Exhibit 29D

- Pourover Trust for Children Buy Form

Exhibit 29E

- Durable Power of Attorney Buy Form

Exhibit 29F

- Health Care Proxy Buy Form

Exhibit 29G

- HIPAA Waiver Buy Form

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Ethical Commentator(s)

Author(s)