Product Description

Recent updates:

• Update: December 2018

  Dear Subscriber:

  Thank you for choosing to keep your civil litigation collection current with the 2018 supplement to MCLE's Massachusetts Superior Court Civil Practice Jury Instructions . Under the editorial leadership of the Honorable Paul D. Wilson of the Massachusetts Superior Court and Joseph D. Lipchitz, Esq., of Saul Ewing Arnstein & Lehr LLP, this supplement includes a wealth of important updates.

  You will find updated jury instruction language and new case notes throughout the book. The following are just a few of the updates in the supplement:

  • substantially revised precharge instructions, see Chapter 1—General Instructions;

  • an updated definition of negligence, see Chapter 2—Personal Injury;

  • new instructions on innovator liability and food product liability, see Chapter 11—Product Liability;

  • new in pari delicto instructions for accounting malpractice cases, see Chapter 18—Professional Malpractice; and

  • edits to instructions throughout the book reflecting an effort to employ clear, plain English language.

  We at MCLE trust that you will find this material useful in your law library and valuable in your daily practice. Thank you for your continued support.

  Cordially,

  Alexis J. LeBlanc, Esq., MCLE Publications Attorney

• Update: December 2016

  Dear Subscriber:

  Thank you for choosing to keep your civil litigation collection current with the 2016 supplement to MCLE's Massachusetts Superior Court Civil Practice Jury Instructions . Under the editorial leadership of the Honorable Paul D. Wilson of the Massachusetts Superior Court and Joseph D. Lipchitz, Esq., of Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, PC, this supplement includes a wealth of important updates.

  You will find updated jury instruction language, new case notes, and new practice tips throughout the book. Just a few of the supplement's highlights include new instructions on the following.

  • Violation of safety standards and compliance with safety standards in Chapter 11—Product Liability.

  • The implied warranty of habitability as it relates to condominiums in Chapter 17—Real Estate.

  • Burden of proof in a legal malpractice case in Chapter 18—Professional Malpractice.

  • Procuring false imprisonment through third parties in Chapter 23—False Imprisonment and False Arrest.

  • Interviewing jurors in Chapter 25—Submitting the Case to the Jury.

  We at MCLE trust that you will find this material useful in your law library and valuable in your daily practice. Thank you for your continued support.

  Cordially,

  Alexis J. LeBlanc, Esq., MCLE Publications Attorney

• Update: January 2015

  Dear Subscriber:

  Thank you for choosing to keep your civil litigation collection current with the 2014 revised edition of MCLE's Massachusetts Superior Court Civil Practice Jury Instructions . Under the editorial leadership of the Honorable Patrick F. Brady of the Massachusetts Superior Court and Joseph D. Lipchitz, Esq., of Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, PC, this edition includes a wealth of important updates.

  Highlights include new or revised instructions on the following topics:

  • jurors' use of social media (see Chapter 1—General Instructions),

  • negligent infliction of emotional distress, both first-party claims and claims by persons who witness injury to or death of a family member (see Chapter 8—Emotional Distress),

  • implicit bias (see Chapter 13—Special Issues),

  • breach of fiduciary duty and sources of fiduciary duty, including attorney-client, partnerships, joint ventures, and officer and director (see Chapter 12—Business Litigation), and

  • supervisor liability in federal civil rights actions (see Chapter 19—Civil Rights Actions).

  We at MCLE trust that you will find this material useful in your law library and valuable in your daily practice. Thank you for your continued support.

  Cordially,

  Alexis J. LeBlanc, Esq., MCLE Publications Attorney

Table of Contents

Chapter 01 expand

The New Hampshire Judicial Branch Family Division

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Gina B. Belmont, Esq., New Hampshire Circuit Court Family Division

Chapter 02 expand

Initial Client Interview and Starting an Action for Divorce

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William E. Brennan, Esq., Brennan Lenehan Iacopino & Hickey
Kathleen A. Hickey, Esq., Brennan Lenehan Iacopino & Hickey

Chapter 03 expand

Dispute Resolution Alternatives

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Karen J. Borgstrom, Esq., Dartmouth-Hitchcock Medical Center
James V. Ferro, Jr., Esq., Ferro Law & Mediation Group, PLLC

Exhibit 3A

- New Hampshire Rev. Stat. Ann. § 542:11: Arbitration of Domestic Relations Cases Buy Form

Exhibit 3B

- New Hampshire Rev. Stat. Ann. § 328 C: Marital Mediators Buy Form

Exhibit 3C

- N.H. Sup. Ct. R. 48-B: Family Mediator Fees Buy Form

Chapter 04 expand

Collaborative Family Law

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Catherine P. McKay, Esq., Parnell, Michels & McKay PLLC

Exhibit 4A

- Sample Collaborative Family Law Participation Agreement Buy Form

Chapter 05 expand

Motion Practice for Temporary Orders

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Carolyn S. Garvey, Esq., Douglas, Leonard & Garvey, PC

Exhibit 5A

- Uniform Support Order Buy Form

Exhibit 5B

- Uniform Alimony Order Buy Form

Chapter 06 expand

Financial Affidavits

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Judith A. Fairclough, Esq., Orr & Reno, PA
Meredith Farrell Goldstein, Esq., Orr & Reno, PA

Exhibit 6A

- N.H. Fam. Div. R. 2.16—Financial Affidavits Buy Form

Exhibit 6B

- N.H. Rev. Stat. Ann. § 458:15-b—Financial Affidavit Buy Form

Exhibit 6C

- Asset Summary Buy Form

Chapter 07 expand

Discovery

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Jeanmarie Papelian, Esq.,

Exhibit 7A

- Checklist for Rule 1.25-A Mandatory Disclosure Buy Form

Exhibit 7B

- Sample Privilege Log Buy Form

Exhibit 7C

- New Hampshire Bar Association Litigation Guidelines Buy Form

Exhibit 7D

- Confidentiality Stipulation Buy Form

Chapter 08 expand

Division of Marital Estate

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R. David DePuy, Esq.,

Chapter 09 expand

Alimony

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David Tencza, Esq., McLane Middleton

Chapter 10 expand

Child Support

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Laura M. Dudziak, Esq., Law Office of Jannette Mooney PLLC

Chapter 11 expand

Issues Relating to Children

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Laura M. Dudziak, Esq., Law Office of Jannette Mooney PLLC

Chapter 12 expand

Pretrial Hearings

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Helen G. Honorow, Esq., Barry & Honorow, PLLC

Exhibit 12A

- Scheduling Conference Order Buy Form

Chapter 13 expand

Valuation

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Richard J. Maloney, Esq., Maloney & Kennedy, PLLC

Chapter 14 expand

Expert Testimony in Domestic Relations Cases

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Kelleigh Gleason, Esq., Gleason Legal

Chapter 15 expand

Retirement Assets

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John E. Rich, Jr., Esq.,

Chapter 16 expand

Trial Practice Techniques

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Kevin P. Rauseo, Esq., NH/Superior Court/Hillsborough County Southern District
Hon. Charles S. Temple, Hillsborough County Superior Court-South

Chapter 17 expand

Selected Evidentiary Issues in Domestic Relations Trials

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Petar M. Leonard, Esq., Orr & Reno, PA

Chapter 18 expand

Posttrial Motions and Appellate Procedures

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Doreen F. Connor, Esq., Primmer Piper Eggleston & Cramer, PC

Exhibit 18A

- Rule 7 Notice of Mandatory Appeal Form and Instructions Buy Form

Exhibit 18B

- Rule 7 Notice of Discretionary Appeal Form and Instructions Buy Form

Exhibit 18C

- New Hampshire Supreme Court Judicial Performance Standards Buy Form

Chapter 19 expand

Modification

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Catherine P. McKay, Esq., Parnell, Michels & McKay PLLC

Chapter 20 expand

Contempt

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Catherine A. Feeney, Esq., Feeney Law Offices

Chapter 21 expand

Tax Considerations

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Beth L. Fowler, Esq., McLane Middleton

Chapter 22 expand

Prenuptial and Postnuptial Agreements

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Judith A. Fairclough, Esq., Orr & Reno, PA

Exhibit 22A

- Asset Disclosure Buy Form

Exhibit 22B

- Statement Buy Form

Exhibit 22C

- Certificate of Counsel Buy Form

Exhibit 22D

- Prenuptial Agreement Questionnaire Buy Form

Chapter 23 expand

Health Insurance

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Jacqueline A. Botchman, Esq., McLane Middleton

Exhibit 23A

- Recommended Sample Language for “Health Insurance” Section of the Final Decree Buy Form

Chapter 24 expand

Representing Victims of Domestic Violence

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Hon. Charles L. Greenhalgh, Brentwood Family Division

Exhibit 24A

- Domestic Violence Petition Buy Form

Exhibit 24B

- Letter to Pro Se Plaintiff Buy Form

Chapter 25 expand

The Guardian ad Litem

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Hon. Michael Alfano,

Exhibit 25A

- Motion for Appointment of Guardian ad Litem Buy Form

Exhibit 25B

- GAL Appointment Form Buy Form

Exhibit 25C

- Sample GAL Stipulations Buy Form

Exhibit 25D

- Motion to Exceed Buy Form

Exhibit 25E

- Motion to Extend Deadlines Buy Form

Exhibit 25F

- Motion to Withdraw Buy Form

Exhibit 25G

- Motion of Guardian ad Litem for Instructions Buy Form

Exhibit 25H

- Introductory Letter to Parties/Counsel Buy Form

Exhibit 25I

- GAL Questionnaire Buy Form

Exhibit 25J

- General GAL Authorization Buy Form

Exhibit 25K

- Medical Authorization Buy Form

Exhibit 25L

- Police Records Authorization Buy Form

Exhibit 25M

- Driving Record Authorization Buy Form

Exhibit 25N

- Letter to School Buy Form

Exhibit 25O

- Letter to Pediatrician Buy Form

Exhibit 25P

- Interview Forms Buy Form

Exhibit 25Q

- Sample Letter to Police Buy Form

Exhibit 25R

- Sample GAL Report Buy Form

Exhibit 25S

- Sample Objection to GAL Report Buy Form

Appendix

Memorandum on Changes to N.H. Rev. Stat. Ann. c. 461-A—Parental Rights and Responsibilities

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Kelleigh Gleason, Esq., Gleason Legal

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