Rule 6 of the Massachusetts Rules of Appellate Procedure provides for the filing of a motion asking the Appeals Court to temporarily "stay" or halt a lower court judgment or order pending the outcome of an appeal.
A written motion, other than one which may be heard ex parte, and notice of the hearing thereof shall be served not later than 7 days before the time specified for the hearing, unless a different period is fixed by these rules or by order of the court. Such an order may for cause shown be made on ex parte application.
Rule 7(a) permits the admission of hearsay in section 35 proceedings. The Supreme Judicial Court has consistently permitted the admission of hearsay in appropriate proceedings "even where deprivation of liberty is at stake as is the case here." Mendonza v.
Under this rule, a defendant may, with the prosecutor's agreement, plead guilty (or in District or Juvenile Courts admit to sufficient facts), appeal a ruling the defendant believes is erroneous and, if successful on appeal, withdraw the plea (or the admission to sufficient facts) and presumptively obtain dismissal of ...
Common grounds asserted by counsel as a basis for a requested continuance are: Illness of the defendant or important witnesses or defense counsel, conflicting engagements of counsel, lack of time for preparation by counsel or prejudicial publicity or a combination of several of the factors.... 30 Mass.
Rule 6 of the Massachusetts Rules of Appellate Procedure provides for the filing of a motion asking the Appeals Court to temporarily "stay" or halt a lower court judgment or order pending the outcome of an appeal.
To use a subpoena, you fill out a form and have the court clerk sign it. Then you serve this form, which officially orders the person to give you documents.
Rule 19(a) sets out the general rule as to those persons with respect to whom joinder is compulsory. (See Rule 20 as to permissive joinder.) Rule 19 covers, generally, those individuals who under prior Massachusetts practice would be classified as necessary parties or indispensable parties.
Every subpoena shall be issued by the clerk of court, by a notary public, or by a justice of the peace, shall state the name of the court and the title of the action, and shall command each person to whom it is directed to do the following at a specified time and place: to attend and give testimony; to produce ...
A subpoena is a call to appear in court as a witness. A summons is a call to court to answer a complaint.