Rule 17 is the process where a lawyer can ask the Court for a summons for third party records. To make a showing to acquire third party records a defendant must establish the following: A party moving to summons documents pursuant to Mass. R. Crim.
Under Rule 41(a)(1), the plaintiff may dismiss without order of court merely by filing a notice of dismissal prior to an answer or a motion for summary judgment. Thereafter dismissal by the plaintiff, without court order, requires the filing of a stipulation signed by all parties.
Any person who is imprisoned or whose liberty is restrained pursuant to a criminal conviction may at any time, as of right, file a written motion requesting the trial judge to release him or her or to correct the sentence then being served upon the ground that the confinement or restraint was imposed in violation of ...
There is a federal False Claims Act. Massachusetts has adopted a similar false claims act that contains qui tam and whistleblower protection provisions that are similar to those found in the federal False Claims Act.
Introduction: In a Massachusetts criminal case, the option to file a motion to suppress evidence can be a powerful legal strategy. This motion allows defendants to challenge the admissibility of certain evidence on grounds of constitutional violations.
Rule 12 - Defenses and Objections-When and How Presented-By Pleading or Motion-Motion for Judgment on Pleadings (a) When Presented. (1) After service upon him of any pleading requiring a responsive pleading, a party shall serve such responsive pleading within 20 days unless otherwise directed by order of the court.
Massachusetts General Laws Chapter 266, Section 30 makes it a crime to unlawfully steal, embezzle, or convert another person's personal property, real property, or trade secrets.
In an action of slander or libel, if the defendant alleges that the words spoken or published were true, such allegation, although not supported by the evidence, shall not of itself be proof of the malice alleged in the complaint, nor shall statements of the defendant differing in import from those alleged be ...
Massachusetts generally adheres to the orthodox rule that prior inconsistent statements are admissible only for the limited purpose of impeaching the credibility of a witness's testimony at trial and are inadmissible hearsay when offered to establish the truth of the matters asserted.
Whoever commits perjury on the trial of an indictment for a capital crime shall be punished by imprisonment in the state prison for life or for any term of years, and whoever commits perjury in any other case shall be punished by imprisonment in the state prison for not more than twenty years or by a fine of not more ...