The Massachusetts Affidavit in Support of Motion to Impound is a legal document used by a party to a legal proceeding to request that certain evidence in the case be sealed or otherwise restricted from public disclosure. The Affidavit is filed with the court along with a motion to impound, which is a request that the court order the sealing or restriction of evidence. This is typically done in order to protect private information or to prevent the dissemination of sensitive information that could be damaging to a party’s reputation. The Massachusetts Affidavit in Support of Motion to Impound is divided into two parts. The first part is the affidavit itself, which contains a sworn statement from the party filing the motion that the evidence in question should be impounded. The affidavit must explain why the party believes that the evidence should be sealed or otherwise restricted from public disclosure. The second part of the affidavit is the supporting memorandum, which provides the court with additional information to support the motion. There are two types of Massachusetts Affidavit in Support of Motion to Impound: (1) an affidavit in support of a motion to impound a record or document and (2) an affidavit in support of a motion to impound evidence in a criminal case.
Massachusetts Affidavit in support of motion to Impound
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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.
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.
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.
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.
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.