If a question of paternity of a child is raised, the parties have a right to submit that question to a jury for determination. Therefore, the issue is whether or not defendant is the father of this child. The question of the amount of support for the child or the mother is not for the jury's consideration.
Massachusetts Instruction to Jury in a Paternity Case that the Amount of Support is not a Question for the Jury
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How to fill out Instruction To Jury In A Paternity Case That The Amount Of Support Is Not A Question For The Jury?
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All parties shall avoid proposing jury selection procedures (including attorney/party voir dire) for the first time on the day of trial.
Specific intent means that ?a defendant must not only have consciously intended to take certain actions, but that he also consciously intended certain consequences.? Commonwealth v. Gunter, 427 Mass. 259, 269, 692 N.E.2d 515, 523 (1998).
Either before or after the closing arguments by the lawyers, the judge will explain the law that applies to the case to you. This is the judge's instruction to the jury. You have to apply that law to the facts, as you have heard them, in arriving at your verdict.
The court, upon request of the parties, in any case where the parties agree in writing as to all the material facts, may report the case to the appeals court for determination without making any decision thereon.
Whereas the statute provides a right to argue damages only in Superior Court civil actions, Rule 51(a)(2) extends the right to argue damages to all actions in trial courts governed by the Massachusetts Rules of Civil Procedure.
The third-party plaintiff need not obtain leave to make the service if he files the third-party complaint not later than 20 days after he serves his original answer. Otherwise he must obtain leave on motion upon notice to all parties to the action.
Usually, the prosecution first makes a closing argument, then the defense attorney. The prosecutor, who has the burden of proof, frequently gets the chance to respond to the defense's final argument. Defend your rights. We've helped 95 clients find attorneys today.
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.