Product Description

Recent updates:

• Update: April 2023

  Dear Subscriber:

  Thank you for updating your library with the latest version of Massachusetts Divorce Law Practice 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 2023 edition include

  • amended procedures in the Probate and Family Court regarding virtual hearings and registries and interdivisional and interdepartmental case transfers;

  • discussions throughout the book of the Supreme Judicial Court's decision in Cavanagh v. Cavanagh , 490 Mass. 398 (2022), which addressed the calculation of alimony and child support and continues to be reviewed and implemented by the Massachusetts courts;

  • important amendments to the Massachusetts Child Support Guidelines effective October 2021, including, for example, a specification of three options for parenting time ("shared," two-thirds, and "split"), adjustment of the benchmark child-care cost amount based on the number of children, elimination of the previous 15 percent cap on the health-care credit, and adjustments to the treatment of overtime and income from a secondary job;

  • caselaw addressing when to increase the duration of alimony to reflect a premarital period of cohabitation;

  • newly added guidance on the selection of guardians ad litem (GALs), discussing the importance of designating an alternate GAL, the distinction between Category E and Category F GALs, securing a GAL during periods when they are in short supply, and use of a special GAL to waive or assert the psychotherapeutic privilege of a minor child;

  • the preparation of financial statements and cross-examination on any discrepancies;

  • recent Appeals Court cases on the calculation of alimony;

  • guidance on e-filing procedures in the Probate and Family Court and variations in procedures among counties;

  • recent cases on improper coaching of witnesses during depositions;

  • an amendment to the Massachusetts General Laws bringing the state's taxation of payors and recipients of alimony in line with federal practice under the Tax Cuts and Jobs Act;

  • inflation adjustments to selected dollar amounts in the Bankruptcy Code;

  • a Supreme Judicial Court decision on the allocation of postseparation debt;

  • the suspension of Standing Order 2-16, which required attendance at an approved parenting education course;

  • an Appeals Court decision addressing circumstances where a noncustodial parent living out of state seeks custody of a child and permission to remove the child from Massachusetts; and

  • Appeals Court decisions on the enforceability and interpretation of premarital agreements.

  The book's ethics commentary has been updated throughout to reflect recent changes in the Massachusetts Rules of Professional Conduct and other developments in the area of professional responsibility.

  WWe trust you will find this updated version of the Massachusetts Divorce Law Practice Manual an invaluable resource for your practice.

  Very truly yours,

  John M. Lawlor, Esq., MCLE Publications Attorney

Table of Contents

Chapter 01 expand

Introduction

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Hon. Patricia A. Hurst, Rhode Island Superior Court

Chapter 02 expand

Preparing Pleadings

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Cassandra L. Feeney, Esq., Hamel, Waxler, Allen & Collins, PC

Chapter 03 expand

Civil Motion Practice

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Christopher Alger, Esq., Alger Law LLC
Melody A. Alger, Esq., Alger Law LLC

Exhibit 3A

- Rule 5 of the Superior Court Rules of Civil Procedure Buy Form

Exhibit 3B

- June 2023 Civil Motion Calendar Protocols Buy Form

Exhibit 3C

- Rule 37 of the Superior Court Rules of Civil Procedure Buy Form

Exhibit 3D

- Remote Hearing Protocols Buy Form

Chapter 04 expand

Special Proceedings on the Formal and Special Cause Calendar

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James P. Marusak, Esq., Gidley, Sarli & Marusak LLP

Chapter 05 expand

Declaratory Judgment Actions

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John M. Boland, Esq., Reynolds, DeMarco & Boland Ltd.
Mark T. Reynolds, Esq., Reynolds, Demarco & Boland Ltd

Chapter 06 expand

Rhode Island Superior Court Business Calendar

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W. Mark Russo, Esq., Ferrucci Russo PC

Exhibit 6A

- Administrative Order No. 2011-10 Buy Form

Exhibit 6B

- Business Calendar Assignment Worksheet Buy Form

Chapter 07 expand

Alternate Dispute Resolution

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Peter Lawson Kennedy, Esq., Peter Lawson Kennedy Law
Carol A. Zangari, Esq., Law Offices of Carol A. Zangari

Chapter 08 expand

Preparing for Trial

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Michael J. Colucci, Esq., Olenn & Penza, LLP
J. Renn Olenn, Esq.,
Holly R. Rao, Esq., Olenn & Penza, LLP

Chapter 09 expand

Voir Dire

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Amato A. DeLuca, Esq., DeLuca & Associates, Ltd

Exhibit 9A

- Motion for Use of the Struck System Buy Form

Exhibit 9B

- Motion for Individual Voir Dire Buy Form

Exhibit 9C

- Juror Questionnaire Buy Form

Chapter 10 expand

The Trial as Art

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John T. Mulcahy, Esq., U.S. Attorney's Office
Todd D. White, Esq.,

Chapter 11 expand

Postjudgment Motions and Appeals

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James Lee, Esq.,

Chapter 12 expand

Default, Proof of Damages, and Entry of Final Judgment in Defaulted Cases

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William J. Conley, Jr., Esq., Law Office of William J. Conley

Chapter 13 expand

Postjudgment Proceedings in Aid of Collection of Judgments

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Lynda L. Laing, Esq., Strauss, Factor, Laing & Lyons

Chapter 14 expand

Zoning Appeals

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Megan Maciasz DiSanto, Esq., The City of Providence, Solicitors Office

Chapter 15 expand

Rhode Island Criminal Practice: An Overview

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Jeffrey M. Biolchini, Esq., Ratcliffe Harten Galamaga LLP
J. Richard Ratcliffe, Esq., Ratcliffe Harten Galamaga LLP

Exhibit 15A

- Client Intake Form—Criminal Matter Buy Form

Exhibit 15B

- Fee Agreement Buy Form

Exhibit 15C

- Proffer Letter Buy Form

Exhibit 15D

- Stipulation of Authenticity of Documents Buy Form

Exhibit 15E

- Defendant’s Motion for Bill of Particulars Buy Form

Exhibit 15F

- Defendant’s Motion for Discovery and Inspection Buy Form

Exhibit 15G

- Defendant’s Request for Discovery Buy Form

Exhibit 15H

- Defendant’s Motion for Issuance of Subpoena Buy Form

Exhibit 15I

- Defendant’s Motion for Certificate of Materiality to Secure Attendance of Out-of-State Witness Buy Form

Exhibit 15J

- Defendant’s Certificate of Materiality to Secure Attendance of Out-of-State Witness Buy Form

Exhibit 15K

- Defendant’s Subpoena to Secure Attendance of Out-of-State Witness Buy Form

Exhibit 15L

- Community Confinement Agreement Buy Form

Chapter 16 expand

The Felony Charging Process, Charging Instruments, Arraignment, and Bail

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Eric A. Batista, Esq., Indeglia & Associates

Chapter 17 expand

Bail

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John L. Calcagni, III., Esq., Law Office of John L. Calcagni, III

Chapter 18 expand

Criminal Discovery Practice

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Rebecca L. Aitchison, Office of the Federal Public Defender

Chapter 19 expand

Rule 11 Pleas

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John L. Calcagni, III., Esq., Law Office of John L. Calcagni, III

Chapter 20 expand

Media Issues and High-Profile Cases

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Thomas G. Briody, Esq., Law Offices of Thomas G. Briody

Exhibit 20A

- Rule 3.6 of the Supreme Court Rules of Professional Conduct—Trial Publicity Buy Form

Chapter 21 expand

Trial Presentation and Evidentiary Issues in Criminal Trials

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Pamela E. Chin, Esq., Lynch & Pine, LLC

Chapter 22 expand

End of Trial in Criminal Cases

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Michael A. DiLauro, Esq.,

Checklist 22.1

- Rhode Island Bail Guidelines, Rules (BGR), and Arguments Buy Form

Checklist 22.2

- Daubert Pretrial Admissibility Hearings Under Rhode Island Law Buy Form

Checklist 22.3

- Expungement: Who, When, Why & How Buy Form

Checklist 22.4

- Sealing: Who, When, Why & How Buy Form

Checklist 22.5

- Objections at Trial Buy Form

Checklist 22.6

- Common Evidentiary Foundations Buy Form

Checklist 22.7

- Motions in Limine Buy Form

Checklist 22.8

- Voir Dire Buy Form

Exhibit 22A

- Sample Objection to the Court’s Failure to Give Jury Instruction Requested by the Defense Buy Form

Exhibit 22B

- Sample Objection to the Charge Buy Form

Exhibit 22C

- Sample Requests for Jury Instructions Buy Form

Exhibit 22D

- Sample Requests in Bench Trial Buy Form

Exhibit 22E

- Sample Cautionary Instruction Following Denial of a Motion to Pass Based on Improper Closing Argument by the State Buy Form

Chapter 23 expand

Sentencing in Superior Court

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Christopher S. Gontarz, Esq., Lynch & Pine, LLC

Exhibit 23A

- Request to Enter Plea of Nolo Contendere or Guilty Buy Form

Chapter 24 expand

Postverdict Motions and Appeals in Criminal Cases

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Thomas M. Dickinson, Esq., Law Offices of Thomas Dickinson
John A. MacFadyen, III, Esq.,

Chapter 25 expand

Probation Violation Hearings

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John E. MacDonald, Esq., Law Office of John E. MacDonald, Inc.

Chapter 26 expand

Parole Board Practice

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Victoria M. Almeida, Esq., Adler, Pollock & Sheehan, PC
Laura Pisaturo, RI Parole Board

Chapter 27 expand

Postconviction Relief

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Judy Davis, Esq.,

Editor(s)

Author(s)