Product Description

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 01 expand

The Beginnings of Property Law in Massachusetts

Buy Chapter

Phillip J. Nexon, Esq.,

Exhibit 1A

- Plimouth Great Book of Deeds Buy Form

Exhibit 1B

- The Sprightly Septuagenarian Buy Form

Chapter 02 expand

Title Examination

Buy Chapter

Joel A. Stein, Esq., Law Office of Joel A. Stein

Checklist 2.1

- Checklist for Examining an Unregistered Land Title Buy Form

Checklist 2.2

- Checklist for Assembling the Abstract Buy Form

Checklist 2.3

- Checklist for Examining a Registered Land Title Buy Form

Checklist 2.4

- Foreclosure Checklist Buy Form

Exhibit 2A

- REBA Handbook of Standards & Forms Buy Form

Exhibit 2B

- Apostille Model Buy Form

Exhibit 2C

- Massachusetts Deed Indexing Standards, Appendix A Buy Form

Exhibit 2D

- A Guide for the Use of REBA Forms 60A–62C Buy Form

Exhibit 2E

- Probate and Family Court Heirs Charts Buy Form

Exhibit 2F

- REBA Title Standard No. 68 Buy Form

Chapter 03 expand

Real Estate Descriptions and Surveys

Buy Chapter

Mary L. Cataudella, Esq., Touchstone Closing & Escrow LLC & Touchstone Law Offices
Lawrence P. Heffernan, Esq., Robinson+ Cole LLP

Exhibit 3A

- Example Parcel Survey Buy Form

Exhibit 3B

- Conversion Table Buy Form

Exhibit 3C

- Explanatory Sketch and Table Buy Form

Exhibit 3D

- Code of Abbreviations Buy Form

Exhibit 3E

- Accuracy Standards for ALTA/NSPS Land Title Surveys Buy Form

Exhibit 3F

- Manual of Instructions for the Survey of Lands and Preparation of Plans: December 16, 2019 Buy Form

Exhibit 3G

- Abbreviations in a Survey Buy Form

Chapter 04 expand

Title Insurance Basics

Buy Chapter

Lynne Murphy Breen, Esq., First American Title

Exhibit 4A

- ALTA Owner’s Policy Jacket (2021 Form with Redline Changes from 2006 Form) Buy Form

Exhibit 4AA

- Chart: Castle Enhanced and ALTA Policies Compared Buy Form

Exhibit 4B

- Owner’s Policy of Title Insurance Buy Form

Exhibit 4BB

- Castle Enhanced Coverage Owner’s Policy Jacket Buy Form

Exhibit 4C

- ALTA Loan Policy Jacket (2021 Form with Redline Changes from 2006 Form) Buy Form

Exhibit 4CC

- Castle Enhanced Coverage Loan Policy Jacket Buy Form

Exhibit 4D

- Loan Policy of Title Insurance Buy Form

Exhibit 4DD

- ALTA 19 Series Endorsements Buy Form

Exhibit 4E

- Schedules A and B for Owners and Lenders Buy Form

Exhibit 4EE

- ALTA 3 Series Endorsements Buy Form

Exhibit 4F

- Property Description Sheet Buy Form

Exhibit 4FF

- ALTA 17 Series Endorsements Buy Form

Exhibit 4G

- Secondary Mortgage Market Endorsement Buy Form

Exhibit 4GG

- ALTA 9 Series Endorsements Buy Form

Exhibit 4H

- ALTA Endorsement Form 9 Buy Form

Exhibit 4I

- ALTA Endorsement Form 8.1 Buy Form

Exhibit 4J

- ALTA Endorsement Form 7 Buy Form

Exhibit 4K

- ALTA Endorsement Form 6 Buy Form

Exhibit 4L

- ALTA Endorsement Form 6.2 Buy Form

Exhibit 4M

- ALTA Endorsement Form 5 Buy Form

Exhibit 4N

- ALTA Endorsement Form 4.1 Buy Form

Exhibit 4O

- Master Endorsement Buy Form

Exhibit 4P

- “Date Down” Endorsement Buy Form

Exhibit 4Q

- Residential Limited Coverage Policy Jacket Buy Form

Exhibit 4R

- Notice of Availability of Owner’s Title Insurance Buy Form

Exhibit 4S

- ALTA Commitment for Title Insurance (2021 Form with Redline Changes from 2016 Form) Buy Form

Exhibit 4T

- Sample Affidavit Required by the Title Insurer to Provide Coverage Requested by the Lender Buy Form

Exhibit 4U

- Survey Affidavit Buy Form

Exhibit 4V

- Surveyor’s Report Form Buy Form

Exhibit 4W

- ALTA (CATIC) Expanded Coverage Residential Loan Policy Buy Form

Exhibit 4X

- ALTA Homeowner’s Policy of Title Insurance (2021 Form with Redline Changes from 2013 Form) Buy Form

Exhibit 4Y

- Chart: Comparison of ALTA Standard and Homeowner’s (Expanded Protection) Policies Buy Form

Exhibit 4Z

- Summary of Castle Enhanced Coverage Policies for One-to-Four Family Residences Buy Form

Chapter 05 expand

Deeds

Buy Chapter

Bruce H. Bagdasarian, Esq., Sheehan Phinney Bass & Green PA
Darren M. Baird, Esq., Goulston & Storrs, PC
David H. Morse, Esq.,

Exhibit 5A

- Statutory Form Warranty Deed Buy Form

Exhibit 5B

- Statutory Form Quitclaim Deed Buy Form

Exhibit 5C

- Statutory Form Release Deed Buy Form

Exhibit 5D

- Sample Deed Buy Form

Exhibit 5E

- Declaration of Homestead Buy Form

Exhibit 5F

- Declaration of Homestead for Elderly and Disabled Persons Buy Form

Chapter 06 expand

Easements and Restrictions

Buy Chapter

Justin M. Perrotta, Esq., KP Law, PC

Chapter 07 expand

Trusts

Buy Chapter

Leo J. Cushing, Esq., Cushing & Dolan, PC
Kevin F. Osorio, Esq., Cushing & Dolan, PC

Chapter 08 expand

Contracts for Purchase and Sale

Buy Chapter

Joseph P. Jannetty, Esq., Nutter McClennen & Fish LLP
Gary D. Zanercik, Esq., Nutter McClennen & Fish LLP

Exhibit 8A

- Notice of Purchase and Sale Agreement Buy Form

Exhibit 8B

- Affidavit of Seller Under G.L. c. 183, § 5B Buy Form

Exhibit 8C

- Affidavit Buy Form

Exhibit 8D

- Proposed Form of Lis Pendens Buy Form

Exhibit 9A

- Real Estate Bar Association for Massachusetts Form 58 Buy Form

Exhibit 9B

- Real Estate Bar Association for Massachusetts Form 32 Buy Form

Chapter 09 expand

Devolution of Title by Death and by Incompetents

Buy Chapter

Pamela R. Green, Esq., Smith Green & Holmes, LLP

Chapter 10 expand

Mechanic’s Liens

Buy Chapter

Exhibit 10A

- Statement of Account Buy Form

Exhibit 10B

- Notice of Contract Buy Form

Exhibit 10C

- Notice of Contract—Design Professional Buy Form

Exhibit 10D

- Notice of Substantial Completion Buy Form

Exhibit 10E

- Notice of Termination Buy Form

Exhibit 10F

- Notice of Contract Buy Form

Exhibit 10G

- Notice of Contract—Design Professional Subcontractor Buy Form

Exhibit 10H

- Notice of Identification Buy Form

Exhibit 10I

- Partial Waiver and Subordination of Lien Buy Form

Exhibit 10J

- ALTA 32 Pending Disbursements Endorsement Modified for Massachusetts Buy Form

Exhibit 10K

- Blanket “No-Lien” Bond Buy Form

Exhibit 10L

- Target Lien Dissolution Bond Buy Form

Exhibit 10M

- Notice of Dissolution of Lien Buy Form

Chapter 11 expand

Bankruptcy

Buy Chapter

Tristan Axelrod, Brown Rudnick LLP
David A. Mawhinney, Esq., District of Massachusetts (Central & Western Divisions)

Exhibit 11A

- Motion for Order Authorizing and Approving Private Sale of Real Estate Free and Clear of All Liens and Encumbrances Buy Form

Exhibit 11B

- Complaint by Trustee to Sell Real Property Pursuant to Bankruptcy Code § 363(h) Buy Form

Exhibit 11C

- Official Form Notices of Sale—Massachusetts Local Bankruptcy Rules Buy Form

Exhibit 11D

- Form of Bid Procedures Buy Form

Exhibit 11E

- Motion for Order Approving Breakup Fee, Overbid Provisions and Form of Notice of Sale Buy Form

Exhibit 11F

- Order Authorizing and Approving Private Sale of Real Estate Free and Clear of All Liens and Encumbrances Buy Form

Exhibit 11G

- Trustee’s Release Deed Buy Form

Exhibit 11H

- Notice of Abandonment Buy Form

Exhibit 11I

- Motion by Bank and Trust Company, N.A. for Relief from Stay (with Certificate of Prerelief Conference and Real Estate Worksheet) Buy Form

Exhibit 11J

- Order on Motion by Bank and Trust Company, N.A. for Relief from Stay Buy Form

Exhibit 11K

- Notice of Intent to Assume and Assign Real Estate Lease Buy Form

Exhibit 11L

- Motion for Assumption and Assignment of Real Estate Lease Buy Form

Exhibit 11M

- Consent to Assumption of Lease Buy Form

Chapter 12 expand

Eminent Domain

Buy Chapter

Kate A. Barry, Esq., Greenberg Traurig LLP
James D. Masterman, Esq., Greenberg Traurig LLP
James P. Ponsetto, Esq., Greenberg Traurig LLP

Exhibit 12A

- Complaint and Jury Claim Buy Form

Exhibit 12B

- Plaintiff’s Initial Set of Interrogatories to Be Answered by Defendant Buy Form

Exhibit 12C

- Plaintiff’s First Request for Documents Buy Form

Chapter 13 expand

Adverse Possession

Buy Chapter

Cassandra Ono Rodgers, Esq., Sheehan Phinney Bass & Green PA
Aaron D. Rosenberg, Esq., Sheehan Phinney Bass & Green PA

Chapter 14 expand

Land Court

Buy Chapter

Hon. Gordon H. Piper, Land Court, Commonwealth of Massachusetts
Hon. Lauren Reznick, Land Court, Commonwealth of Massachusetts
Diane C. Tillotson, Esq., Hemenway & Barnes LLP

Exhibit 14A

- Checklist for Reviewing Registered Land Condominiums Buy Form

Exhibit 14B

- Land Court’s Outline on Registration/Confirmation Only Buy Form

Exhibit 14C

- Land Court Form of Complaint for Registration Buy Form

Exhibit 14D

- Land Court Form of Certificate to Be Endorsed by Local Assessors Buy Form

Exhibit 14E

- Land Court Form of Certificate of Opinion Buy Form

Exhibit 14F

- Mortgagee’s Affidavit Buy Form

Exhibit 14G

- Sample Case Management Conference Notice and Order Buy Form

Exhibit 14H

- Sample Pre-Trial Conference Notice and Order Buy Form

Chapter 15 expand

Marketable Title

Buy Chapter

Sheila M. Hurley, Esq.,
Toni M. Mitchell, Esq.,

Chapter 16 expand

Foreclosure Related Issues

Buy Chapter

Francis J. Nolan, Esq., Salem Five Bank

Chapter 17 expand

Buying and Selling Dirty Property

Buy Chapter

Gregor I. McGregor, Esq., McGregor Legere & Stevens, PC

Checklist 17.1

- Checklist of Contract Provisions for Typical Land Transaction Buy Form

Checklist 17.2

- Checklist of Optional Clauses for Complicated Transaction Buy Form

Checklist 17.3

- Checklist for Indemnification Clauses Buy Form

Exhibit 17A

- Conditions for Offer to Purchase Premises with Known Contamination Buy Form

Exhibit 17B

- “Basic” Conditions for Offer Buy Form

Exhibit 17C

- Lease Provisions on Hazardous Materials Buy Form

Exhibit 17D

- “Basic” Indemnification Clause for Purchase and Sale Agreement Buy Form

Exhibit 17E

- “Intermediate” Indemnification Agreement for Execution as a Separate Contract Buy Form

Exhibit 17F

- “Advanced” Indemnification Agreement Buy Form

Exhibit 17G

- Warranties and Representations Leaking Underground Tank Cleanup Buy Form

Editor(s)

Author(s)