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The parties must cooperate in filing with the court a Rule 9A Package. The Rule 9A Package consists of the original Motion Papers, the Opposition, and the Reply, any other papers for which leave of court is granted under Paragraph (a)(6), and any appendices or other papers permitted or required by this Rule, statute,
What is the Rule 27?
A circuit judge may act alone on any motion, but may not dismiss or otherwise determine an appeal or other proceeding. A court of appeals may provide by rule or by order in a particular case that only the court may act on any motion or class of motions. The court may review the action of a single judge.
Does a motion to dismiss stay discovery in Massachusetts?
The stay of discovery shall remain in effect until notice of entry of the order ruling on the special motion. Said special motion to dismiss may be filed within sixty days of the service of the complaint or, in the courts discretion, at any later time upon terms it deems proper.
What specific information in an experts written report must contain to satisfy all of the requirements of Rule 26 A )?
The written report must contain a complete statement of all opinions to be expressed. The report must contain the basis and reasons for the opinion. The report must also identify all data or other information considered by the witness in forming the opinion.
What are Rule 26 attachments?
For Rule 26(a)(2)(B)(iii), incorporate your exhibits in your written report as attachments or appendices. They are the observational bases of your opinion and illustrate your findings.
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Can the prosecution call the defendant as a witness us?
Right to Remain Silent If the defendant chooses to remain silent, the prosecutor cannot call the defendant as a witness, nor can a judge or defense attorney force the defendant to testify. (Defendants in civil cases may, however, be forced to testify as a witness in a civil case.
What is the Jencks rule?
The Jencks Act. Under the Jencks Act, 18 U.S.C. 3500, the government must produce the prior statement of a government witness after the witness testifies on direct examination. Federal Rule of Criminal Procedure 26.2 implements the Jencks Act and sets forth procedures for applying it.
What is a Rule 11 hearing in Massachusetts?
Rule 11(d) is based on prior Massachusetts practice. Its principle is simple: for the convenience of court, clerk, and other parties, any party undergoing change in representation bears the onus of bringing word of that change to all concerned; until such notification, anyone is entitled to rely on the previous record.
Are draft expert reports discoverable in Massachusetts?
But to lawyers accustomed to the Massachusetts practice, where expert reports are not usually discoverable and expert depositions are permitted only by leave of court, this Rule represents the first opportunity to hold an expert witness accountable by impeachment with the contents of a partys disclosure.
Does the defense have to disclose evidence to prosecution?
The defence also have to disclose to the prosecutor and the court advance details of any witnesses they intend to call at a trial (see paragraph 14 below).
Related links
Civil Procedure Rule 26: General provisions governing
Sep 1, 2017 The Massachusetts version is an attempt to foster communication between counsel on issues of electronic discovery in a court environment that is
Research and Discovery | University of Massachusetts
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