Massachusetts Tort Law Manual
The art of appeal

- Product Number: 2253546WFM
- Publication Date: 10/30/2024
- Edition: 4th Edition 2024
- Copyright: © 2024 MCLE, Inc.
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Massachusetts Tort Law Manual
The art of appeal
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- Product Description
- Table of Contents
- Editors & Authors
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Product Description
Product Description
A time-honored authority, Appellate Practice in Massachusetts examines the appellate process at every level and court in the Commonwealth, in both civil and criminal matters. It covers the appellate process and offers valuable insight into the art of effective appellate advocacy in civil and criminal cases. This manual includes practical information on how to assess the decision to appeal, how alternative dispute resolution works at the appellate level, standards of review and the mechanics of appeal in the various courts. In-depth guidance is offered on how to draft appellate briefs. The role of the amicus brief, oral advocacy and post-decision practice are featured, as is single justice practice.
Also featured, and previously available only to Massachusetts courts, is an Appendix containing selected Massachusetts cases on the standards of appellate review. This list of selected cases is an invaluable aid for researching key legal issues in cases where appellate review turns on error of law, abuse of discretion and prejudice.
Recent updates:
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Update: June 2024
Dear Subscriber:
Thank you for choosing to stay current in your appellate practice by purchasing this updated edition. Inside, you will find new material on topics such as the following:
- Appeals to the full court. In chapter 1, find several recent cases, including appeals to the full court from single justice denials of petitions pursuant to G.L. c. 211, § 3, where the court has adopted SJC Rule 2:21, a special rule for processing these appeals.
- Applications for further appellate review. See chapter 3, which cites a 2023 case discussing whether the failure to instruct the jury on the Commonwealth's burden to prove that the defendant knew that one of the coventurers was armed and masked created a substantial miscarriage of justice.
- Appeal of conviction. See chapter 7 for a discussion of the process by which the defendant may tender a guilty plea or an admission to sufficient facts and reserve the right to appeal any ruling or rulings that, if reversed, would render the Commonwealth’s case not viable on one or more charges.
- Rejection of e-filed brief of appendix. In chapter 13, find an updated Notice of Docket Entry, where the clerk of courts will advise as to a nonconforming brief.
- Unpreserved errors in noncapital cases. Chapter 15 adds information on the Freeman standard. It lists the four questions the appellate court will ask when considering and reviewing the case as a whole.
We at MCLE trust that you will find this new content useful in your appellate practice and valuable in keeping your law library current.
Cordially,
Maryanne G. Jensen, Esq., MCLE Director of Publications
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Update: June 2024
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Table of Contents
Table of Contents
expand allChapter 01 expandNegligence
Buy ChapterExhibit 1A
- Plaintiff’s Interrogatories to the Defendant—Company Buy FormExhibit 1B
- Plaintiff’s Interrogatories to the Defendant—Individual Buy FormExhibit 1C
- Defendant Company’s Interrogatories to the Plaintiff (Injured Party) Buy FormExhibit 1D
- Defendant’s Interrogatories to the Plaintiff (Consortium) Buy FormExhibit 1E
- Plaintiffs’ Requests for Production of Documents and Other Items to Defendant Company Buy FormExhibit 1F
- Company’s Requests for Production of Documents and Other Items from Plaintiff John Smith Buy FormExhibit 1G
- Plaintiffs’ Request for Jury Instructions Buy FormExhibit 1H
- Defendants’ Request for Jury Instructions Buy FormChapter 02 expandExhibit 2A
- Product Standards Buy FormExhibit 2B
- Plaintiff’s Interrogatories to the Defendant Buy FormExhibit 2C
- Defendant’s Interrogatories to the Plaintiff Buy FormExhibit 2D
- Plaintiff’s Requests for Production of Documents and Other Items Buy FormExhibit 2E
- Defendant’s Requests for Production of Documents and Other Items Buy FormExhibit 2F
- Jury Instructions Buy FormChapter 03 expandChapter 04 expandLiquor Liability
Buy ChapterSteven L. Hoffman, Esq., Board of Registration in Medicine, Commonwealth of MassachusettsExhibit 4A
- Plaintiff’s Interrogatories to the Defendant Buy FormExhibit 4B
- Defendants’ Interrogatories to the Plaintiffs Buy FormExhibit 4C
- Plaintiff’s Request for Production of Documents and Other Items Buy FormExhibit 4D
- Defendants’ Request for Production of Documents and Other Items Buy FormExhibit 4E
- Plaintiff’s Request for Jury Instructions Buy FormExhibit 4F
- Defendant’s Request for Jury Instructions Buy FormChapter 05 expandWrongful Death Claims
Buy ChapterExhibit 5A
- Summary of Damages in Wrongful Death Actions Buy FormChapter 06 expandEmotional Distress
Buy ChapterChecklist 6.1
- Defenses to a Claim for Intentional or Reckless Infliction of Emotional Distress Buy FormExhibit 6A
- Plaintiff’s Interrogatories to the Defendant Buy FormExhibit 6B
- Defendant’s Interrogatories to the Plaintiff Buy FormExhibit 6C
- Model Requests for Production of Documents and Other Items Buy FormExhibit 6D
- Sample Jury Instructions Buy FormChapter 07 expandDefamation
Buy ChapterJonathan M. Albano, Esq., Morgan, Lewis & Bockius LLP
Samuel D. Thomas, Esq., Morgan Lewis & Bockius LLPChapter 08 expandExhibit 8A
- Plaintiff’s Interrogatories to the Defendant Buy FormExhibit 8B
- Defendant’s Interrogatories to the Plaintiff Buy FormExhibit 8C
- Plaintiff’s Requests for Production of Documents and Other Items Buy FormExhibit 8D
- Defendant’s Requests for Production of Documents and Other Items Buy FormExhibit 8E
- Jury Instructions Buy FormChapter 09 expandExhibit 9A
- Plaintiff’s Interrogatories to the Defendant Buy FormExhibit 9B
- Defendant’s Interrogatories to the Plaintiff Buy FormExhibit 9C
- Plaintiff’s Request for Production of Documents and Other Items Buy FormExhibit 9D
- Defendant’s Request for Production of Documents and Other Items Buy FormExhibit 9E
- Requests for Jury Instructions Buy FormChapter 10 expandInitial Steps in Litigating a Motor Vehicle Tort Action
Buy ChapterPhilip N. Beauregard, Esq., Law Offices of Beauregard, Burke & Franco
Erin McNamara Boucher, Esq., Mirick, O'Connell, DeMallie & Lougee LLP
Richard E. Burke, Jr., Esq., Beauregard, Burke & Franco
Michael Franco, Esq., Beauregard, Burke & Franco
Joseph A. Seckler, Esq., Morrison Mahoney LLPExhibit 10A
- Sample Complaint Buy FormExhibit 10AA
- Cover Letter to Court for Notice to Offer Medical Report Buy FormExhibit 10B
- Sample Cover Sheet (Superior Court) Buy FormExhibit 10BB
- Notice of Intention to Offer Medical Report Buy FormExhibit 10C
- Sample Cover Sheet (U.S. District Court) Buy FormExhibit 10CC
- Affidavit of Counsel Buy FormExhibit 10D
- Sample Statement of Damages (Massachusetts District Court) Buy FormExhibit 10DD
- Affidavit Pursuant to G.L. c. 233, § 79G Buy FormExhibit 10E
- Letter to Client After Suit Is Filed Buy FormExhibit 10F
- Sample Motion for Ex Parte Real Estate Attachment Buy FormExhibit 10G
- Sample Affidavit in Support of Ex Parte Attachment Buy FormExhibit 10H
- Sample Plaintiff’s Request for Documents Buy FormExhibit 10I
- Sample Notice of Taking Deposition (Rule 30) Buy FormExhibit 10J
- Sample Notice of Taking Deposition of a Corporation (Rule 30(b)(6)) Buy FormExhibit 10K
- Sample Plaintiff’s Interrogatories Buy FormExhibit 10L
- Sample Plaintiff’s Interrogatories Buy FormExhibit 10M
- Plaintiff’s Motion for Defendant’s Criminal Record Buy FormExhibit 10N
- Plaintiff’s Request for Admission Buy FormExhibit 10O
- Sample Acknowledgment Letter to Client Buy FormExhibit 10P
- Sample Tracking Order Buy FormExhibit 10Q
- Sample Answer to Complaint Buy FormExhibit 10R
- Cross-Claim Buy FormExhibit 10S
- Third-Party Complaint Buy FormExhibit 10T
- Defendant’s Interrogatories to Plaintiff Buy FormExhibit 10U
- Defendant’s Interrogatories to Codefendant Buy FormExhibit 10V
- Request for Documents to Plaintiff Buy FormExhibit 10W
- HIPAA Authorization Buy FormExhibit 10X
- Authorization for Wage and Salary Information Buy FormExhibit 10Y
- Request for Documents to Codefendant Buy FormExhibit 10Z
- Cover Letter to Plaintiff’s Attorney for Notice to Offer Medical Report Buy FormChapter 11 expandExhibit 11A
- Plaintiff’s Interrogatories to the Defendant Buy FormExhibit 11B
- Defendant’s Interrogatories to the Plaintiff Buy FormExhibit 11C
- Plaintiff’s Request for Production of Documents and Other Items Buy FormExhibit 11D
- Defendant’s Request for Production of Documents and Other Items Buy FormExhibit 11E
- Sample Jury Instructions: Negligent Misrepresentation Buy FormExhibit 11F
- Sample Jury Instructions: Intentional Misrepresentation Buy FormChapter 12 expandChapter 13 expandChapter 14 expandChapter 15 expandTorts to Property
Buy ChapterExhibit 15A
- Plaintiff’s Interrogatories to the Defendant Buy FormExhibit 15B
- Defendant’s Interrogatories to the Plaintiff Buy FormExhibit 15C
- Plaintiff’s Request for Production of Documents Buy FormExhibit 15D
- Defendant’s Request for Production of Documents Buy FormExhibit 15E
- Plaintiff’s Request for Jury Instructions Buy FormExhibit 15F
- Defendant’s Request for Jury Instructions Buy FormChapter 16 expandExhibit 16A
- Related Cases and Commentaries Buy FormChapter 17 expandChecklist 17.1
- Steps in Planning to Investigate Crime at Particular Premises Buy FormChapter 18 expandChapter 19 expandChapter 20 expandChapter 21 expandChapter 22 expandExhibit 22A
- Defendant’s Motion for Directed Verdict After the Plaintiff’s Case Buy FormChapter 23 expandChapter 24 expandAppendixObtaining and Using Medical Records in Massachusetts
Buy ChapterVictoria M. Santoro, Esq., Santoro & GrayChecklist A.1
- Checklist of Hospital Medical Records That May Be Needed in Litigation Buy FormChecklist A.2
- Checklist for Deposing an Adverse Expert Physician Buy FormExhibit A1
- Typical Laboratory Report Form Buy FormExhibit A10
- Notice of Intention to File Rule 13 Application Buy FormExhibit A11
- Application for Rule 13 Order Buy FormExhibit A12
- Rule 13 Order Buy FormExhibit A13
- Request for Production of Medical Records Buy FormExhibit A14
- Index Tabs for Ordering and Filing Medical Records Buy FormExhibit A15
- Massachusetts Medical Libraries Buy FormExhibit A16
- List of Medical References Buy FormExhibit A17
- Letters to Physicians Buy FormExhibit A18
- Plaintiff’s Offer of Proof and Supporting Affidavits Buy FormExhibit A19
- Demand Letter Buy FormExhibit A2
- Illustration of Reference Range from Taber’s Cyclopedic Medical Dictionary Buy FormExhibit A20
- Section 79G Forms Buy FormExhibit A21
- Section 79C Forms Buy FormExhibit A22
- Medical Terms Buy FormExhibit A3
- Medical Records Tracking System Buy FormExhibit A4
- Authorization to Use or Disclose Protected Health Information Buy FormExhibit A5
- Letter Accompanying Patient Authorization to Release Records Buy FormExhibit A6
- Motion to Compel Production of Documents from Hospital Buy FormExhibit A7
- Deposition Subpoena Buy FormExhibit A8
- Notice of Taking Deposition Buy FormExhibit A9
- Trial Subpoena Buy Form -
Editors & Authors
Editor(s)
Judicial Commentator(s)
Author(s)
Hon. John A. Agostini, Superior Court, Commonwealth of Massachusetts, BostonPhilip N. Beauregard, Esq., Beauregard, Burke & Franco, New BedfordAmy Bratskeir, Esq., Jamaica PlainRichard E. Burke, Jr., Esq., Beauregard, Burke & Franco, New BedfordAdam G. Cohen, Esq., Davids & Cohen, PC, WellesleyCorey M. Dennis, Esq., Eli Lilly and Company, New YorkMichael Franco, Esq., Beauregard, Burke & Franco, New BedfordJeanine E. Goodwin, Esq., Tufts Medical Center, BostonJames E. Grumbach, Esq., Boston Law Collaborative LLC, Wellesley HillsSteven L. Hoffman, Esq., Board of Registration in Medicine, Commonwealth of Massachusetts, WakefieldGarrett D. Lee, Esq., Morgan & Morgan, PA, BostonJoni Katz Mackler, Esq., Howd & Ludorf, LLC, Wellesley HillsMatthew Passalacqua, Esq., Kajko, Weisman & Colasanti LLP, LexingtonVictoria M. Santoro, Esq., Santoro & Gray, BostonJoseph A. Seckler, Esq., Morrison Mahoney LLP, WorcesterScott A. Spencer, Esq., CMBG3 Law, BostonSamuel D. Thomas, Esq., Morgan Lewis & Bockius LLP, Boston