Product Description

Recent updates:

• Update: October 2023

  Dear Subscriber:

  Thank you for updating your library with the latest version of the Massachusetts District Court Criminal Defense Manual . This newly revised publication brings updated resources within your immediate reach—for fast, accurate, and practical answers to your questions in this highly challenging area of practice.

  Highlights from the issues addressed in the 2023 Edition include:

  • the circumstances under which an accused is entitled to a clerk's hearing before the issuance of a criminal complaint;

  • a finding of ineffective assistance of counsel where a racist attorney purported to represent a Black client of Muslim faith;

  • the permissible scope of conditions of release;

  • the scope of pretrial detention authorized by G.L. c. 276, § 58A, and in particular a Supreme Judicial Court hold-ing that neither manslaughter nor assault and battery with a dangerous weapon involve the type of force for which detention would be warranted under the statute;

  • a newly added discussion of lack of criminal responsibility;

  • Supreme Judicial Court guidance on the evidentiary significance of the defendant's rap lyrics;

  • an addition to the mental health statute allowing prisoners to petition for transfer to a Department of Mental Health facility or Bridgewater State Hospital if they have been on mental health watch for seventy-two hours or are at serious risk of imminent and serious self-harm;

  • circumstances under which hearsay is considered substantially reliable for purposes of involuntary civil commit-ment hearings under G.L. c. 123, § 35;

  • discovery sought to support a claim of selective prosecution;

  • the sufficiency of affidavits offered in support of substantive motions;

  • challenges to gun charges based on the Supreme Court's decision in New York State Rifle & Pistol Ass'n v. Bruen, 142 S. Ct. 2111 (2022); and

  • recent developments in the law on voir dire and the use of peremptory challenges.

  We trust you will find this updated version of the Massachusetts District Court Criminal Defense Manual an invaluable resource for your practice.

  Cordially,

  John M. Lawlor, Esq. MCLE Publications Attorney

• Update: August 2021

  Dear Subscriber:

  Thank you for updating your criminal law practice library with the 2021 supplement to MCLE's Massachusetts District Court Criminal Defense Manual .

  With each revision and supplement we strive to provide you with both the most pressing updates in District Court criminal defense practice, as well as even more practical guidance and clear advice. This supplement addresses practice challenges arising from the COVID-19 pandemic (such as speedy trial rights) and also features:

  • a new discussion of GPS monitoring as a condition of release (See Chapter 8: Detention Hearings);

  • a heavily refreshed chapter that provides an introduction to the substantive and procedural aspects of representing defendants with mental disabilities (see Chapter 9: Mental Health Considerations at Arraignment and Beyond); and

  • guidance on motions to challenge racial profiling pursuant to Commonwealth v. Long (see Chapter 10: Pretrial Conferences, Pretrial Hearings, and Discovery and Chapter 11: Substantive Motion Practice).

  We at MCLE trust that you will find these new materials useful in your defense practice and in keeping your law library current. Thank you for your continued support.

  Cordially,

  Alexis J. LeBlanc, Esq., MCLE Publications Attorney

• Update: July 2019

  Dear Subscriber:

  Thank you for updating your criminal law practice library with the 2019 revision to MCLE's Massachusetts District Court Criminal Defense Manual .

  With each revision we strive to provide you with both the most pressing updates in District Court criminal defense practice, as well as even more practical guidance and clear advice. This edition features fresh perspectives from ten new authors. Highlights include:

  • a new chapter on building a relationship with your client (see Chapter 3);

  • practical insight on developing the theory of the case (see Chapter 4);

  • added discussion of the defenses of mere presence and personal use (see Chapter 5);

  • new guidance on motions to sever (see Chapter 11); and

  • a combined chapter on the intertwined topics of plea negotiations and sentencing (see Chapter 16).

  We at MCLE trust that you will find these new materials useful in your defense practice and in keeping your law library current. Thank you for your continued support.

  Cordially,

  Alexis J. LeBlanc, Esq., MCLE Publications Attorney

Table of Contents

Chapter 1 expand

An Introduction to Massachusetts Discovery Practice

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Chapter 2 expand

Analyzing Discovery and Investigation Issues

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Checklist 2.1

- Checklist of Initial Questions to Ask in Identifying Employees Responsible for the Subject Transaction Buy Form

Chapter 3 expand

Creating a Discovery Plan

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Exhibit 3A

- Sample Keeper-of-the-Records Subpoena Buy Form

Exhibit 3B

- Sample Superior Court Rule 13 Order Buy Form

Exhibit 3C

- Sample Release Prior to Inspection Buy Form

Exhibit 3D

- Sample Letter Confirming Discovery Agreement Buy Form

Exhibit 3E

- Sample Motion to Amend Tracking Order Buy Form

Chapter 4 expand

Selected Case Investigation Techniques

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Checklist 4.1

- Investigation Game Plan Buy Form

Checklist 4.2

- Client Meeting Agenda Buy Form

Checklist 4.3

- Outline of Client Interview Buy Form

Checklist 4.4

- Checklist for Client Interview Buy Form

Exhibit 4A

- Initial Chronology Buy Form

Exhibit 4B

- Updated Chronology Buy Form

Exhibit 4C

- Litigation Chronology Buy Form

Exhibit 4D

- Joint Representation Agreement Buy Form

Chapter 5 expand

Conducting Internal Investigations

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Checklist 5.1

- Sample Investigation Checklist Buy Form

Exhibit 5A

- Sample Joint Defense Agreement Buy Form

Chapter 6 expand

Obtaining Information from Government Sources

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Exhibit 6A

- Public Records Request Buy Form

Chapter 7 expand

Using the Internet in Discovery and Investigation

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Chapter 8 expand

Preservation and Spoliation of Evidence

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Exhibit 8A

- Sample Memorandum of Law in Support of Motion to Exclude Evidence Buy Form

Exhibit 8B

- Sample Motion to Limit the Testimony of Plaintiffs’ Expert Buy Form

Chapter 9 expand

Protecting Confidential Information Before and During Discovery

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Exhibit 9A

- Sample Confidentiality Order (One Tier) Buy Form

Exhibit 9B

- Sample Confidentiality Order (Two Tier) Buy Form

Exhibit 9C

- Assent to Be Bound by Confidentiality Order Buy Form

Chapter 10 expand

Interrogatories

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Exhibit 10A

- Sample Final Request for Answers Pursuant to Mass. R. Civ. P. 33(a)(3) Buy Form

Exhibit 10B

- Sample Application for Entry of Final Judgment Pursuant to Mass. R. Civ. P. 33(a)(4) Buy Form

Exhibit 10C

- Sample Affidavit in Support of Application for Final Judgment Pursuant to Mass. R. Civ. P. 33(a)(4) Buy Form

Exhibit 10D

- Sample Interrogatories in Products Liability Case Buy Form

Exhibit 10E

- Sample Interrogatories in Medical Malpractice Case Buy Form

Exhibit 10F

- Sample Interrogatories in Employment Discrimination Case Buy Form

Chapter 11 expand

Requests for Documents and Things and for Entry upon Land

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Exhibit 11A

- Sample Requests for Production of Documents Buy Form

Exhibit 11B

- Sample Response to Requests for Production of Documents Buy Form

Exhibit 11C

- Bibliography Buy Form

Chapter 12 expand

Organizing Documents Identified During Discovery in Complex Cases

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Checklist 12.1

- Checklist for Developing a Names Directory Buy Form

Checklist 12.2

- Checklist of Fields to Include in Document Databases Buy Form

Exhibit 12A

- Sample Data Entry Form Buy Form

Exhibit 12B

- Sample Display of Fields on Computer Screen Buy Form

Exhibit 12C

- Sample Privilege Log Buy Form

Exhibit 12D

- Sample Deposition Summary Form Buy Form

Chapter 13 expand

Depositions

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Checklist 13.1

- Checklist for Taking an Effective Deposition Buy Form

Exhibit 13A

- Notice of Deposition Pursuant to Rule 30(b)(6) (Sample No. 1) Buy Form

Exhibit 13B

- Notice of Deposition Pursuant to Rule 30(b)(6) (Sample No. 2) Buy Form

Exhibit 13C

- Sample Notice for Deposition of Individual Buy Form

Exhibit 13D

- Advice for a Witness Prior to a Deposition Buy Form

Chapter 14 expand

Physical and Mental Examinations

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Exhibit 14A

- Motion for Independent Medical Examination Buy Form

Exhibit 14B

- Memorandum in Support of Motion for Independent Medical Examination Buy Form

Exhibit 14C

- Motion for Independent Mental Examination Buy Form

Exhibit 14D

- Memorandum in Support of Motion for Independent Mental Examination Buy Form

Exhibit 14E

- Plaintiff’s Memorandum in Opposition to Defendant’s Motion for Neurological Examination Buy Form

Exhibit 14F

- Opposition to Motion to Conduct Rule 35 Examination and to Obtain Medical and Employment Records from Plaintiff Buy Form

Chapter 15 expand

Requests for Admission

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Exhibit 15A

- Sample Requests for Admissions Buy Form

Exhibit 15B

- Sample Responses to Requests for Admissions Buy Form

Exhibit 15C

- Sample Motion to Determine Sufficiency of Responses and to Deem Matters Admitted Buy Form

Exhibit 15D

- Sample Motion to Withdraw and Amend Responses Buy Form

Exhibit 15E

- Sample Motion for Expenses for Failure to Admit Buy Form

Exhibit 15F

- Sample Declaration of Counsel in Support of Motion for Expenses for Failure to Admit Buy Form

Exhibit 15G

- Bibliography Buy Form

Chapter 16 expand

Evidentiary Privileges

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Chapter 17 expand

Attorney-Client Privilege and the Work Product Doctrine

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Checklist 17.1

- Attorney-Client Privilege Checklist Buy Form

Checklist 17.2

- Checklist for Application of the Attorney-Client Privilege to Corporate Agents Buy Form

Checklist 17.3

- Checklist for Application of the Attorney-Client Privilege Within a Law Firm Buy Form

Checklist 17.4

- Checklist Regarding Waiver of the Attorney-Client Privilege Buy Form

Checklist 17.5

- Checklist Regarding Inadvertent Disclosures and the Attorney-Client Privilege Buy Form

Checklist 17.6

- Checklist of Conditions for Overcoming the Work Product Doctrine Buy Form

Checklist 17.7

- Checklist of Components of a Privilege Log Buy Form

Chapter 18 expand

Discovery from Out-of-State and Foreign Nonparty Witnesses

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Exhibit 18A

- Motion for Letters Rogatory and Associated Papers Buy Form

Exhibit 18B

- Request for Appointment of Commission Buy Form

Exhibit 18C

- Proposed Order for Appointment of Commission Buy Form

Exhibit 18D

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

Exhibit 18E

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

Exhibit 18F

- Sample Cover Letter Buy Form

Exhibit 18G

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

Exhibit 18H

- Bibliography Buy Form

Chapter 19 expand

Discovery Motions and Appeals

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Exhibit 19A

- Request for Final Answers to Interrogatories Buy Form

Exhibit 19AA

- Motion for Leave to Take the Deposition of Defendant’s Expert Witness Buy Form

Exhibit 19B

- Plaintiff’s Motion to Compel Responses to Request for Production (No Response) Buy Form

Exhibit 19BB

- Motion to Strike Plaintiff’s Supplemental Interrogatory Answer and for an Order Precluding Plaintiff from Offering Expert Testimony on Damages at Trial Buy Form

Exhibit 19C

- Application for Entry of Final Judgment for Relief or Dismissal Buy Form

Exhibit 19CC

- Opposition to Motion for Leave to Depose Expert Witness Buy Form

Exhibit 19D

- Affidavit Pursuant to Mass. R. Civ. P. 33(a)(4) in Support of Application for Final Judgment for Relief or Dismissal Buy Form

Exhibit 19DD

- Motion to Strike Emergency Motion for Issuance of Letter Rogatory Buy Form

Exhibit 19E

- Motion to Compel Answers to Interrogatories (No Response Received) Buy Form

Exhibit 19EE

- Motion to Compel Plaintiff to Submit to Physical Examination Pursuant to Mass. R. Civ. P. 35(a) Buy Form

Exhibit 19F

- Plaintiff’s Motion to Compel Nonparty Witness to Comply with Subpoena Duces Tecum and for Costs Buy Form

Exhibit 19FF

- Motion to Compel Defendant to Permit Entry upon Land to Conduct Inspection Buy Form

Exhibit 19G

- Plaintiff’s Motion to Compel Nonparty Witness to Comply with Deposition Subpoena and for Costs Buy Form

Exhibit 19GG

- Joint Opposition of Defendant and Nonparty Expert Witness to Plaintiff’s Motion to Compel Production of Documents Buy Form

Exhibit 19H

- Plaintiff’s Motion for Issuance of a Letter Rogatory to Out-of-State Court Buy Form

Exhibit 19HH

- Opposition to Motion to Compel Entry upon Land and Request for Protective Order Buy Form

Exhibit 19I

- Plaintiff’s Motion to Compel Compliance with Deposition Subpoena to Keeper of Records Buy Form

Exhibit 19II

- Motion to Quash Deposition Subpoena of Massachusetts Department of Environmental Protection Employee Buy Form

Exhibit 19J

- Plaintiff’s Motion to Compel Compliance with Renotice of Deposition Pursuant to Mass. R. Civ. P. 30(b)(6) Buy Form

Exhibit 19JJ

- Petition to the Single Justice for Reversal of Order Permitting Subpoena of Mental Health Records Buy Form

Exhibit 19K

- Affidavit of Compliance with Superior Court Rule 9C Buy Form

Exhibit 19KK

- Memorandum in Support of Petition to the Single Justice Buy Form

Exhibit 19L

- Affidavit of Compliance Pursuant to Superior Court Rule 9A Buy Form

Exhibit 19LL

- Emergency Motion to Superior Court for Stay to Permit Interlocutory Review by Single Justice Buy Form

Exhibit 19M

- List of Documents Pursuant to Superior Court Rule 9A Buy Form

Exhibit 19MM

- Motion to Single Justice to Stay Lower Court’s Order Pending Resolution of Petition to the Single Justice Buy Form

Exhibit 19N

- Defendant’s Motion to Compel Further Response to Request for Production of Documents Buy Form

Exhibit 19NN

- Motion of Nonparty Witness for Reconsideration on Plaintiff’s Motion to Compel Production of Documents Buy Form

Exhibit 19O

- Motion to Quash Deposition Subpoena Buy Form

Exhibit 19OO

- Opposition to Motion to Compel Third-Party Defendant’s Deposition Buy Form

Exhibit 19P

- Application for Inspection of Hospital Records Buy Form

Exhibit 19PP

- Motion for Protective Order (in Absence of Factual Basis for Claim) Buy Form

Exhibit 19Q

- Order Requiring Hospital to Produce Medical Records Buy Form

Exhibit 19QQ

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

Exhibit 19R

- Affidavit of Notice of Intent to Apply for Medical Records Buy Form

Exhibit 19RR

- Standing Order Concerning Petitions to the Single Justice Buy Form

Exhibit 19S

- Motion to Compel Execution of Social Security Administration Consent for Release of Information Buy Form

Exhibit 19T

- Motion to Compel Keeper of Records to Comply with Subpoena Duces Tecum Buy Form

Exhibit 19U

- Order Finding Waiver of Privilege and Compelling Compliance with Subpoena Duces Tecum Buy Form

Exhibit 19V

- Motion to Quash Subpoena Duces Tecum Served on Defendant’s Treating Psychiatrist and for Protective Order Buy Form

Exhibit 19W

- Motion for Criminal Offender Record Information, Conviction Data, Arrest Reports, and Probation Records Buy Form

Exhibit 19X

- Order for Inspection and Copying of Criminal Record Information, Conviction Data, Arrest Reports, and Probation Records Buy Form

Exhibit 19Y

- Affidavit of Counsel Supporting Request for Criminal Offender Record Information Buy Form

Exhibit 19Z

- Motion to Compel Production of the Medical Records of the Plaintiff’s Decedent Buy Form

Chapter 20 expand

Electronic Discovery

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Exhibit 20A

- Electronic Discovery Reference Model Buy Form

Exhibit 20B

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

Exhibit 20C

- Sample Questionnaire for Interviewing Client Technology Personnel Buy Form

Exhibit 20D

- Sample Notices (Formal and Basic) Buy Form

Exhibit 20E

- Sample Preservation Letter Buy Form

Exhibit 20F

- Model Order Regarding Preservation Buy Form

Chapter 21 expand

An Overview of Differences Between State and Federal Discovery Practice

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Chapter 22 expand

Discovery Relating to Experts

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Exhibit 22A

- Sample Interrogatories Buy Form

Exhibit 22B

- Products Liability Deposition Outline Buy Form

Exhibit 22C

- Expert Deposition Outline Buy Form

Exhibit 22D

- Physician Expert Deposition Outline for Mental Capacity Buy Form

Chapter 23 expand

Discovery in Alternative Forums: Labor and Employment Cases

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Exhibit 23A

- MCAD Postdetermination Discovery Order Buy Form

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