Massachusetts Filing of Impounded Information is a process by which certain documents related to a case are held in a secure location. This is done to protect the information from public disclosure, or to preserve the information for use in future proceedings. The impoundment process is typically used in cases involving minors, certain types of civil litigation, and certain criminal matters. The two primary types of Massachusetts Filing of Impounded Information are general impoundment and special impoundment. General impoundment applies to all documents related to a case and is typically done at the beginning of a case. Special impoundment applies to specific documents related to a case and is typically done during the course of a case.
Massachusetts Filing of Impounded Information
State:
Massachusetts
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MA-SKU-0025
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Filing of Impounded Information
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When a hospital record, or any part thereof, is received in evidence, the record shall be returned to the hospital upon the conclusion of the trial unless the court otherwise orders.
Rule 5(b) permits service to be made by delivering a copy to the attorney or party (if the party appears pro se), or by mailing one to him at his last known address; or if no such address is known, to the clerk of court. If a party has more than one attorney of record, service upon one of them suffices.
No attorney shall be permitted to take part in the conduct of a trial in which he has been or intends to be a witness for his client, except by special leave of the court.
Impoundment allows sensitive and private information to be withheld from the public record of a civil or criminal proceeding. ?Impoundment is always the exception to the rule, and the power to deny public access to judicial records is to be 'strictly construed in favor of the general principle of publicity.
In a criminal law, to impound is when the court or police take custody of personal property, such as an automobile or building.
In Massachusetts, these were known as decisions, named after the appellate rule that permitted the Appeals Court to decide that a case was a ?no brainer? one way or the other?either there was ?no substantial question of law presented,? or that there was a ?clear error of law? involved.
A motion for impoundment may be sought at any time during the pendency of the case, including impoundment of the complaint when the case is commenced or after a final disposition of the case has entered. The motion should specifically describe the material to be impounded and the duration of the impoundment requested.
All civil motions shall be governed, where applicable, by Superior Court Rules 9A through 9E. Any criminal motion must be in writing and filed before being placed upon a list for hearing, unless otherwise ordered by the court, or otherwise provided for under Superior Court Rule 61.