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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 01 expand

An Introduction to Rhode Island Discovery Practice

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Hon. Patricia A. Hurst, Rhode Island Superior Court

Chapter 02 expand

Analyzing Discovery and Investigation Issues

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Keith E. Fayan, Esq., Fayan Law, P.C.

Exhibit 2A

- Lawyers’ Obligations to Clients: Standards for Professional Conduct Within the Rhode Island Judicial System (App. I, Supreme Court Rules of Professional Conduct) Buy Form

Exhibit 2B

- Lawyers’ Obligations to Opposing Parties and Their Clients: Standards for Professional Conduct Within the Rhode Island Judicial System (App. I, Supreme Court Rules of Professional Conduct) Buy Form

Chapter 03 expand

Creating a Discovery Plan

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Mark H. Grimm, Esq., Marasco & Nesselbush LLP

Exhibit 3A

- HITECH Letter from Client Buy Form

Exhibit 3B

- Sample Rule 30(b)(6) Deposition Notice Buy Form

Exhibit 3C

- Sample Miscellaneous Petition to Produce Records Buy Form

Exhibit 3D

- Sample Miscellaneous Petition to Perpetuate Testimony Buy Form

Exhibit 3E

- Motion to Modify Scheduling Order Buy Form

Chapter 04 expand

Selected Case Investigation Techniques

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Armando E. Batastini, Esq., Nixon Peabody LLP
Madeline A. Coburn, Esq., Nixon Peabody LLP

Checklist 4.1

- Checklist for Client Interviews Buy Form

Chapter 05 expand

Conducting Internal Investigations

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Mark T. Reynolds, Esq., Reynolds, Demarco & Boland Ltd

Exhibit 5A

- Selected Bibliography Buy Form

Chapter 06 expand

Obtaining Information from Rhode Island State and Local Government Sources

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Michael W. Field, Esq., Attorney General Civil Division

Exhibit 6A

- Sample Request Letter Buy Form

Exhibit 6B

- Sample Denial Letter Buy Form

Exhibit 6C

- State Agencies Contact Information Buy Form

Exhibit 6D

- Municipal Government Contact Information Buy Form

Chapter 07 expand

Using the Internet in Discovery and Investigation

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Michael Patrick Quinn, Jr., Esq., Decof, Barry, Mega & Quinn, P.C.

Chapter 08 expand

Spoliation and Preservation of Evidence

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Erica M. O'Connell, Esq., Bianchi Brouillard Sousa & O'Connell, PC

Exhibit 8A

- Sample Jury Instruction on Spoliation Buy Form

Chapter 09 expand

Protecting Confidential and Privileged Information Before and During Discovery

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

Exhibit 9A

- Sample Email Buy Form

Exhibit 9B

- Sample Fax Coversheet Buy Form

Exhibit 9C

- Sample Privilege Log Buy Form

Exhibit 9D

- Sample Motion for Protective Order Buy Form

Exhibit 9E

- Sample Protective Order Buy Form

Exhibit 9F

- Stipulated Confidentiality Order Buy Form

Exhibit 9G

- Sample Stipulated “Counsel Only” Protective Order Buy Form

Chapter 10 expand

Interrogatories

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Peter J. Comerford, Esq., Coia & Lepore, Ltd

Exhibit 10A

- Plaintiffs’ Motion to Compel Defendant’s Answers to Interrogatories and Request for Production Buy Form

Exhibit 10B

- Conditional Order Buy Form

Exhibit 10C

- Plaintiff’s Interrogatories Propounded to Defendant Buy Form

Exhibit 10D

- Defendant’s Interrogatories Propounded to Plaintiff Buy Form

Chapter 11 expand

Production of Documents, Electronically Stored Information, and Things; Entry upon Land for Inspection for Other Purposes

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Stanley F. Pupecki, Esq., Pierce Atwood LLP

Exhibit 11A

- Sample Request for Production of Documents Buy Form

Exhibit 11B

- Sample Response to Request for Production of Documents Buy Form

Chapter 12 expand

Organizing Documents Identified During Discovery; Document Management by Going Paperless

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Timothy J. Conlon, Esq., Darrow Everett LLP
Laura C. Harrington, Esq., Harrington Law Group, PC

Chapter 13 expand

Depositions

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John S. Foley, Esq., Foley Cerilli, PC

Chapter 14 expand

Deposing Medical and Technical Experts

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Patrick C. Barry, Esq.,

Exhibit 14A

- Recent Significant Changes to Rule 86 of the Rhode Island Superior Court Rules of Civil Procedure Buy Form

Exhibit 14B

- Sample Language Requesting That Deponent Bring Documents to Deposition Buy Form

Chapter 15 expand

Audiovisual Depositions

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Megan Maciasz DiSanto, Esq., The City of Providence, Solicitors Office
Jeffrey M. Padwa, Esq., PADWA LAW

Exhibit 15A

- Stipulation for a Video Deposition Buy Form

Chapter 16 expand

The Recordkeeper Deposition

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Michael R. Bottaro, Esq., Bottaro Law Firm, LLC

Exhibit 16A

- Sample Cover Letter to Enclose with Subpoena Duces Tecum Buy Form

Exhibit 16B

- Sample KOR Deposition Questions (Records Only) Buy Form

Exhibit 16C

- Sample KOR Deposition (Live Testimony) Buy Form

Chapter 17 expand

Rule 30(b)(6)

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Paul M. Kessimian, Esq., Partridge Snow & Hahn LLP
Howard A. Merten, Jr., Esq., Partridge Snow & Hahn LLP

Checklist 17.1

- Checklist of 30(b)(6) Preliminary Matters Buy Form

Exhibit 17A

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

Chapter 18 expand

Deposing Accountants and Economists

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Raymond M. Ripple, Esq., Bowditch & Dewey LLP

Checklist 18.1

- Checklist of Information Needed for Economic Appraisal Buy Form

Chapter 19 expand

Physical and Mental Examinations

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Sean K. Brousseau, Esq., Hodosh, Spinella & Angelone PC

Chapter 20 expand

Requests for Admissions

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Maurice J. Cusick, Esq.,

Chapter 21 expand

Obtaining Medical Records

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Gil A. Bianchi, Esq., Bianchi Brouillard Sousa & O'Connell, P.C.

Exhibit 21A

- R.I.G.L. § 5-37.3-4 Buy Form

Exhibit 21B

- Sample Authorization for Use of Protected Health-Care Information Buy Form

Chapter 22 expand

Attorney-Client Communications Privilege and the Work-Product Doctrine

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John F. Kelleher, Esq., LaSalle & Kelleher, P.C.

Chapter 23 expand

Discovery from Out-of-State and Foreign Nonparty Witnesses

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William Maxwell Daley, Esq., Robinson+Cole LLP
Dana M. Horton, Esq., Robinson+Cole LLP

Exhibit 23A

- Motion for Issuance of Commissions Buy Form

Exhibit 23B

- Order for Commission to Take Deposition and Issue Out-of-State Subpoena Buy Form

Exhibit 23C

- Proposed Order Pursuant to New Jersey Court Rule 4:11-4 Buy Form

Exhibit 23D

- Subpoena for Issuance to New Jersey Witness Buy Form

Exhibit 23E

- Deposition Notice Buy Form

Exhibit 23F

- Uniform Law Commission, Uniform Interstate Deposition and Discovery Act: A Summary Buy Form

Exhibit 23G

- Uniform Law Commission, How to Use the Uniform Interstate Deposition and Discovery Act Buy Form

Exhibit 23H

- Application for Issuance of Request for the Examination of Witness Pursuant to the Hague Convention for the Taking of Evidence Abroad Buy Form

Exhibit 23I

- Request for International Judicial Assistance Pursuant to the Hague Convention Buy Form

Exhibit 23J

- Sample Cover Letter Buy Form

Exhibit 23K

- Originating Motion and Associated Papers for Filing with Australian Court Buy Form

Exhibit 23L

- Rhode Island Uniform Interstate Deposition and Discovery Act Buy Form

Exhibit 23M

- Rhode Island Foreign Subpoena Civil Form (Superior-70) Buy Form

Exhibit 23N

- Miscellaneous Petition for Issuance of Subpoena(s) to Compel Deposition and/or Inspection of Documents for Use in an Out-of-State Action Buy Form

Exhibit 23O

- Motion for Order to Issue Subpoena for Use in Foreign Litigation Buy Form

Exhibit 23P

- Proposed Order Issuing Subpoena in Rhode Island for Use in Foreign Litigation Buy Form

Exhibit 23Q

- Bibliography Buy Form

Chapter 24 expand

Discovery Motions and Appeals

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Kelly Fracassa, Esq., Naccarato & Fracassa

Exhibit 24A

- Motion to Shorten Time to Serve Answers to Interrogatories Buy Form

Exhibit 24B

- Motion to Compel Answer to Deposition Question Buy Form

Exhibit 24C

- Motion to Compel Answers to Interrogatories Buy Form

Exhibit 24D

- Motion to Compel Attendance at Deposition Buy Form

Exhibit 24E

- Motion to Compel More Responsive Answers to Interrogatories Buy Form

Exhibit 24F

- Motion to Compel Production of Documents Buy Form

Exhibit 24G

- Motion to Default Buy Form

Exhibit 24H

- Motion to Dismiss Buy Form

Exhibit 24I

- Motion to Determine Sufficiency of Responses to Request for Admissions Buy Form

Exhibit 24J

- Motion to Overrule Discovery Objections Buy Form

Exhibit 24K

- Motion for Entry of Final Judgment of Dismissal Buy Form

Exhibit 24L

- Motion to Take Deposition Less than Thirty Days After Service of Complaint Buy Form

Exhibit 24M

- Motion to File Request for Production with Response Date of _____ Buy Form

Exhibit 24N

- Motion to Propound More than Thirty Interrogatories Buy Form

Exhibit 24O

- Motion for Protective Order Buy Form

Exhibit 24P

- Motion to Take Deposition by Telephone or by Other Remote Electronic Means Buy Form

Chapter 25 expand

Electronic Discovery

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William Maxwell Daley, Esq., Robinson+Cole LLP
Dana M. Horton, Esq., Robinson+Cole LLP

Exhibit 25A

- E-Discovery Bibliography Buy Form

Exhibit 25B

- Excerpt from the Sedona Guidelines (Best Practice Guidelines & Commentary for Managing Information & Records in the Electronic Age, Second Edition) Buy Form

Exhibit 25C

- Sample Litigation Hold Notice to Client Buy Form

Exhibit 25D

- Sample Electronic Discovery Outline for Preparing or Deposing a Business Witness Buy Form

Exhibit 25E

- Sample Questionnaire for Interviewing Client Technology Personnel Buy Form

Exhibit 25F

- Preservation Notice (Three Examples) Buy Form

Exhibit 25G

- Model Order Regarding Preservation Buy Form

Exhibit 25H

- Federal Rule of Evidence 508 Buy Form

Exhibit 25I

- Rhode Island Rule of Evidence 508 Buy Form

Exhibit 25J

- Sample Clawback Order Buy Form

Chapter 26 expand

Discovery Relating to Experts

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Jennifer A. Barry, Esq., Decof, Decof & Barry

Exhibit 26A

- Sample Expert Interrogatory Buy Form

Exhibit 26B

- Sample Scheduling Order Buy Form

Chapter 27 expand

Differences Between Federal and State Discovery Practice

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David R. Fitzpatrick, Esq., Littler Mendelson, PC
Brooks R. Magratten, Esq., Pierce Atwood LLP

Chapter 28 expand

Discovery Before the Rhode Island Commission for Human Rights

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John C. Bogue, Jr., Esq., Rhode Island Commission for Human Rights
Lauren E. Hill, Esq.,

Chapter 29 expand

Discovery in Alternative Forums—Administrative Agencies

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Sonja L. Deyoe, Esq., Law Offices of Sonja L. Deyoe

Checklist 29.1

- Checklist for a Discovery Plan in a Contested Case Before an Administrative Agency Buy Form

Chapter 30 expand

Rhode Island Superior Court’s Business Calendar

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Jeffrey S. Brenner, Esq., Nixon Peabody LLP
William Wynne, Esq., Nixon Peabody LLP

Chapter 31 expand

Discovery for Court-Annexed Arbitrations and Mediations

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Jessica Basso, Esq., Basso Law LLC

Chapter 32 expand

Discovery in Medical Negligence Cases

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Joshua E. Carlin, Esq., Hanson Curran LLP

Exhibit 32A

- Sample Interrogatories in a Medical Malpractice Case, Issued by Defendant Buy Form

Exhibit 32B

- Sample Document Request Buy Form

Chapter 33 expand

Discovery in Mass Tort Litigation/Consolidated Cases

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Christina M. Behm, Esq., Motley Rice LLC
Jonathan D. Orent, Esq., Motley Rice LLC

Exhibit 33A

- Sample Docket Control Order Buy Form

Exhibit 33B

- Sample Production of Physically Stored and Electronically Stored Information Protocol Buy Form

Exhibit 33C

- Sample Stipulation Regarding Collection, Division and Preservation of Pathology Materials Buy Form

Exhibit 33D

- Sample Protective and Confidentiality Order Buy Form

Exhibit 33E

- Sample Order for Master Discovery Sets Buy Form

Exhibit 33F

- Ex Parte Communication with Treating Physicians Buy Form

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