Product Description

Recent updates:

• Update: July 2022

  Dear Subscriber:

  Thank you for choosing to keep your copy of the Massachusetts Probate Manual current with this fifth edition. Inside, you will find new material addressing a broad range of topics and issues, including the following:

  • Soundness of mind. See chapter 5 for updates to the discussion regarding a decedent’s mental capacity in the immediate period surrounding execution of contested documents.

  • Trusts and trustees. See chapter 16 for insights regarding a general trust petition under Section 201, and a 2021 decision that tested its use as a mechanism whereby to bring claims against a trustee for monetary damages.

  • MassHealth (Medicaid) one-year exception to one-year limitation. See chapter 8 for a recent case on the lack of an exception to the ultimate time limit on the personal representative's power to pay claims and the creditor's ability to bring claims laid out in Section 3-108.

  • Jurisdiction of court concerning trusts. See chapter 16 for a recent case ruling that a general trust petition under Section 201 is not an omnibus vehicle for every type of relief a beneficiary may seek against a trust's trustees.

  • Charitable deductions. See chapter 10 for new, practical information on the impact of the date of ascertainability of the value of the charitable devise. The chapter also provides a practical, tax-efficient approach whereby a personal representative can donate unclaimed, tangible personal property to charity.

  • Guardianship versus conservatorship. See chapter 17 for practical insight into whether and how a conservatorship may be avoided, even where a representative payee or other arrangement does not address all of the person's financial needs.

  We at MCLE thank you for your interest in this book, and we trust that you will find this new edition useful in your library and valuable in your service to your clients.

  Cordially,

  Maryanne G. Jensen, Esq., Director of Publications

Table of Contents

Chapter 1 expand

Goals and Strategies

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Lynette Paczkowski, Esq., Bowditch & Dewey LLP

Chapter 2 expand

Basic Procedure and Preparing to Take a Deposition

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Michael H. Hayden, Esq., Morrison Mahoney LLP

Exhibit 2A

- Notice of Deposition of Plaintiff Buy Form

Exhibit 2B

- Notice of Deposition of Corporation Pursuant to Rule 30(b)(6) Buy Form

Exhibit 2C

- Motion for Commission to Take Deposition Outside the Commonwealth of Massachusetts Buy Form

Exhibit 2D

- Rule 30A Notice of Deposition (Audiovisual Deposition) Buy Form

Exhibit 2E

- Rule 30A(m) Notice of Deposition (Audiovisual Expert Witness Deposition for Trial) Buy Form

Exhibit 2F

- Notice of Remote Deposition Buy Form

Chapter 3 expand

Taking Depositions in Federal Court

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Ryan P. Brady, Esq., Eastern Bank
Christopher A. Callanan, Esq., Callanan Law LLP

Chapter 4 expand

Preparing to Defend a Deposition

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Lynette Paczkowski, Esq., Bowditch & Dewey LLP

Checklist 4.1

- Pointers for the Deposition Witness Buy Form

Chapter 5 expand

Predeposition Motions

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Eileen M. Hagerty, Esq., Kotin, Crabtree & Strong LLP

Exhibit 5A

- Motion to Take Depositions Prior to Expiration of Thirty Days After Service of Complaint and Summons Buy Form

Exhibit 5B

- Emergency Motion for Commission to Appoint Person Before Whom Oral Deposition May Be Taken (Outside Massachusetts) Buy Form

Exhibit 5C

- Order for Subpoena Duces Tecum to Compel Testimony Witness and Production of Documents Buy Form

Exhibit 5D

- Commission Buy Form

Exhibit 5E

- Application for Discovery Order Buy Form

Exhibit 5F

- Motion for Leave to Take Telephone Depositions Buy Form

Exhibit 5G

- Motion to Conduct Deposition Buy Form

Exhibit 5H

- Motion for a Protective Order Buy Form

Exhibit 5I

- Memorandum in Support of Protective Order Buy Form

Exhibit 5J

- Motion to Quash Subpoena Buy Form

Exhibit 5K

- Memorandum of Law in Support of Motion to Quash Subpoena Buy Form

Exhibit 5L

- Affidavit in Support of Motion to Quash Subpoena Buy Form

Chapter 6 expand

Taking the Deposition

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Francis D. Dibble, Jr., Esq., Bulkley, Richardson and Gelinas LLP
Christopher J. Visser, Esq., Bulkley, Richardson and Gelinas LLP

Exhibit 6A

- Outline of Deposition of Plaintiff in Slip-and-Fall Tort Case Buy Form

Chapter 7 expand

Defending the Deposition

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Edward C. Cooley, Esq., Giarrusso, Norton, Cooley & McGlone, PC

Chapter 8 expand

Postdeposition Matters

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Darian M. Butcher, Esq., Butcher Law LLC
Michael P. Mullins, Esq., Day Pitney LLP

Exhibit 8A

- Sample Motion to Compel Deposition Testimony Buy Form

Exhibit 8B

- Sample Deposition Transcript Errata Sheet Buy Form

Chapter 9 expand

Using Depositions in Civil Litigation

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Michael Kippins, Esq., Lawyers for Civil Rights

Exhibit 9A

- Mass. R. Civ. P. 32 Buy Form

Chapter 10 expand

Using Depositions in Criminal Litigation

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Hon. Jason Y. Chan, District Court, Commonwealth of Massachusetts
Michael A. Collora, Esq.,

Chapter 11 expand

Audiovisual Depositions

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Christopher A. Callanan, Esq., Callanan Law LLP

Chapter 12 expand

Deposing Medical and Technical Experts

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Edward C. Bassett, Jr., Esq., Mirick, O'Connell, DeMallie & Lougee LLP

Chapter 13 expand

Deposing Accountants

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H. Luke Mitcheson, Esq., Morgan & Morgan, PA
Andrew A. Rainer, Esq., Brody, Hardoon, Perkins & Kesten LLP

Chapter 14 expand

Depositions in Class Actions

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Theodore M. Hess-Mahan, Esq., Hutchings Barsamian Mandelcorn LLP

Exhibit 14A

- Adequacy and Typicality Checklist for Use When Preparing or Questioning a Class Representative Buy Form

Chapter 15 expand

Preparing for and Taking Depositions in Domestic Relations Cases

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Jennifer Sevigney Durand, Esq., Durand Family Law LLC

Checklist 15.1

- Document Checklist for a Divorce Case Buy Form

Exhibit 15A

- Notice of Deposition Buy Form

Exhibit 15B

- Motion for Letter Rogatory to Issue Buy Form

Exhibit 15C

- Form of Letter Rogatory to Appropriate Authority Buy Form

Exhibit 15D

- Motion for Issuance of Commission to Take Deposition Buy Form

Exhibit 15E

- Form of Commission to Take Deposition Buy Form

Exhibit 15F

- Order Issuing Commission Buy Form

Exhibit 15G

- Massachusetts Bar Association Civility Guidelines for Family Law Attorneys Buy Form

Exhibit 15H

- Direct Examination of Party Claiming Privilege Against Self-Incrimination Buy Form

Exhibit 15I

- Outline of Deposition of Expert Witness Buy Form

Exhibit 15J

- Vaughan v. Vaughan, No. 91-485 (Mass. Nov. 25, 1991) (Greaney, Single J.) Buy Form

Exhibit 15K

- Tibbetts v. Tibbetts, No. 92-J-760 (Mass. App. Ct. Oct. 14, 1992) Buy Form

Exhibit 15L

- Direct Examination of Telephone Company Representative Buy Form

Chapter 16 expand

Additional Topics in Domestic Relations Cases

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Calvin J. Heinle, Esq., Gibbs Heinle Maiona LLP
Christie G. Jacobi, Esq., Gibbs Heinle Maiona LLP

Chapter 17 expand

Depositions in Employment Litigation

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Cheri L. Crow, Esq.,
Helen G. Litsas, Esq., Law Office of Helen G. Litsas

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