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Supreme Judicial Court Rules and Orders Effective November 1, 2020

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Supreme Judicial Court Rules and Orders Effective November 1, 2020 Massachusetts Rules and Orders of the Supreme Judicial Court Including Amendments effective November 1, 2020. Rules of Professional Conduct Code of Judicial Conduct Orders of the Supreme Judicial Court Published by the Massachusetts Trial Court Law Libraries Table of Contents Massachusetts Rules and Orders of the Supreme Judicial Court CHAPTER ONE : GENERAL RULES 1:01 Definitions; Conflict with other rules 1:02 Sittings of the Supreme Judicial Court 1:03 Uniform certification of questions of law Section 1. Authority to Answer Certain Questions of Law. Section 2. Method of Invoking. Section 3. Contents of Certification Order. Section 4. Preparation of Certification Order. Section 5. Costs of Certification. Section 6. Briefs and Arguments. Section 7. Opinion. Section 8. Power to Certify. Section 9. Procedure on Certifying. Section 10. Uniformity of Interpretation. Section 11. Short Title. 1:04 Judicial Conference 1:05. Certain contracts by Judicial Officers 1:06 Records of the Supreme Judicial Court, of the Appeals Court, and of the Superior Court Department. Form, style and size of papers. 1:07 Fee Generating appointment and the Maintenance of Appointment Dockets in all Courts 1:08 Form, Style and Size of Papers Filed in all Courts. 1:09 Form of Original Executions for all Courts of the Commonwealth. 1:10 Form of Alias Executions for all Courts of the Commonwealth. 1:11 Rule Relative to the Disposal of Court Papers and Records. Section 1. Scope. Section 2. Definitions. Section 3. Required Permanent Retention of Case Records. Section 4. Retention Periods for Certain Non-Permanent Case Records in the Probate and Family Court Department. Section 5. Retention Periods for Certain Non-Permanent Case Records in the Juvenile Court Department. Section 6. Sampling of Case Records. Section 7. Destruction of Case Records. Section 8. Digital Storage. 1:12 Rule Relative to the Disposal of Stenographic Notes of Testimony Taken in the Courts of the Commonwealth. 1:13 Time for Report of Material Facts in the Probate and Family Court Department for Cases Under G.L. c. 215, § 11. 1:15 Impoundment Procedure. Section 1. Requests for Impoundment in the First Instance. Section 2. Maintaining Confidentiality of Previously Impounded Material in Cases on Appeal. 1:16 Judicial Performance Enhancement Programs. Section 1. Confidentiality. Section 2. Disclosure. 1:17 Subpoenas to Officials of the Supreme Judicial Court and Appeals Court. 1:18 Uniform Rules on Dispute Resolution Rule 1 Court Connected Dispute Resolution Rule 2 Definitions. Rule 3 Administrative Structure for Court-Connected Dispute Resolution Services. Rule 4 Implementation of Court-Connected Dispute Resolution. Rule 5 Early Notice of Court-Connected Dispute Resolution Services. Rule 6 Duties of Courts with Respect to Court-Connected Dispute Resolution Services. Rule 7 Duties of Approved Programs with Respect to Court-Connected Dispute Resolution Services. Rule 8 Qualification Standards for Neutrals. Rule 9 Ethical Standards. 1:19 Electronic Access to the Courts. 1:20 Address Confidentiality Program. 1:21 Corporate Disclosure Statement on Possible Judicial Conflict of Interest. 1:22 Motions to Recuse. 1:23 Attorney General Approved Modifications of Certain Gift Instruments Under G.L. C. 180A, Section 5(d). 1.0 Administrative Equitable Deviation. 2.0 Administrative Cy Pres. 3.0 Attorney General Procedures. 4.0 De Novo Proceedings. 1:24: Protection of Personal Identifying Information in Publicly Accessible Court Documents 1:25 Rules of Electronic Filing Rule 1: Scope Rule 2: Definitions Rule 3: Eligibility and conditions of registration Rule 4: Electronic filing procedures Rule 5: Rejection of electronic documents for technical nonconformance with the rules of court Rule 6: Electronic filing and service of civil case initiating documents Rule 7: Service of electronically filed documents Rule 8: Payment of fees Rule 9: Format and content of documents Rule 10: File size limitations and legibility Rule 11: Filing of impounded information Rule 12: Protection of personal identifying information Rule 13: Electronic signature Rule 14: Orders and judgments Rule 15: Technological failures and timeliness of filing Rule 16 : Title CHAPTER ONE A : GENERAL RULES PARTIALLY SUPERSEDED BY THE MASSACHUSETTS RULES OF CIVIL PROCEDURE OR THE MASSACHUSETTS RULES OF CRIMINAL PROCEDURE 1:01A Assignment of Counsel in Noncapital Cases. 1:02A Depositions and Discovery. Section 1. Depositions Pending Action. Section 2. Persons Before Whom Depositions May Be Taken. Section 3. Stipulations Regarding the Taking of Depositions. Section 4. Procedures for Depositions Upon Oral Examination. Section 5. Effect of Errors and Irregularities in Depositions. Section 6. Discovery and Production of Documents and Things for Inspection, Copying, or Photographing. Section 7. Physical and Mental Examination of Persons. Section 8. Refusal to Make Discovery; Consequences. Section 9. Costs on Depositions. 1:03A Trustee Process. 1:04A Attachment. CHAPTER TWO : RULES FOR THE REGULATION OF PRACTICE BEFORE THE SINGLE JUSTICE OF THE SUPREME JUDICIAL COURT 2:01 Fixing Time for Pleadings and Proceedings. 2:02 Form and Indorsement of Papers. 2:03 Appearances. 2:04 Giving Notice. 2:05 Time for Pleadings and Proceedings When Last Day for Performance Falls on Saturday, Sunday or Legal Holiday. 2:06 Eliminating Requirements of Verification by Oath or Affirmation. 2:07 Hearings Before Single Justice, Notice. 2:08 Jury Issues. 2:09 Copies to Adverse Parties. 2:10 Money Paid into Court. 2:11 Hearings Upon Motions Grounded on Facts. 2:12 Postponement for Want of Evidence. 2:13 Special Masters and Commissioners. 2:14 Writ of Protection. 2:15 Objections. 2:16 Requests for Rulings. 2:17 Time for Arguments. 2:18 Order of Business, Single Justice Sittings. 2:19 Reviews of Orders of Department of Public Utilities. 2:20 Appeals from Decisions of Appellate Tax Board. 2:21 Appeal from Single Justice Denial of Relief on Interlocutory Ruling. 2:22 Petitions Under G. L. c. 211, § 3. 2:23: Appeals in Bar Discipline Cases CHAPTER THREE : ETHICAL REQUIREMENTS AND RULES CONCERNING THE PRACTICE OF LAW 3:01: Attorneys Preamble Section 1. Filing requirements for admission Section 2. Bar examination Section 3. Qualifications Section 4. Public notice Section 5. Disposition of petitions for admission Section 6. Admission by motion Section 7. Bar Examiners' rules Section 8. Subpoenas Section 9. Immunity 3:02 Administration of Justice. 3:03 Legal Assistance to the Commonwealth and to Indigent Criminal Defendants, and to Indigent Parties in Civil Proceedings. 3:04 Limited Practice by Attorneys from Other Jurisdictions who are Engaged in Certain Graduate Law Studies or Programs Of Legal Assistance. 3:05 Licensing of Foreign Legal Consultants. Section 1. General Regulation as to Licensing. Section 2. Proof Required. Section 3. Reciprocal Treatment of Members of the Board of the Commonwealth. Section 4. Disposition of Applications. Section 5. Scope of Practice. Section 6. Rights and Obligations. Section 7. Service of Process. Section 8. Revocation of License. Section 9. Admission to the Bar. Section 10. Application for Waiver of Provisions. 3:06 Use of Limited Liability Entities. 3:07 Massachusetts Rules of Professional Conduct. PREAMBLE: A LAWYER’S RESPONSIBILITIES SCOPE CLIENT-LAWYER RELATIONSHIP Rule 1.0: Terminology Rule 1.1 Competence. Rule 1.2: Scope of Representation and Allocation of Authority Between Client and Lawyer Rule 1.3 Diligence. Rule 1.4 Communication. Rule 1.5 Fees. Rule 1.6 Confidentiality of Information. Rule 1.7: Conflict of Interest: Current Clients Rule 1.8: Conflict of Interest: Current Clients: Specific Rules Rule 1.9: Duties to Former Clients Rule 1.10: Imputed Disqualification: General Rule Rule 1.11: Special Conflicts of Interest for Former and Current Government Officers and Employees Rule 1.12: Former Judge, Arbitrator, Mediator or Other Third-Party Neutral Rule 1.13 Organization as Client. Rule 1.14: Client with Diminished Capacity Rule 1.15 Safekeeping Property Rule 1.15A Client Files Rule 1.16 Declining or Terminating Representation. Rule 1.17 Sale of Law Practice. Rule 1.18: Duties to Prospective Client COUNSELOR Rule 2.1 Advisor. Rule 2.2 Intermediary [Reserved] Rule 2.3 Evaluation for use by Third Persons. Rule 2.4 Lawyer Serving as Third-Party Neutral. ADVOCATE Rule 3.1 Meritorious Claims and Contentions. Rule 3.2 Expediting Litigation. Rule 3.3 Candor Toward the Tribunal. Rule 3.4 Fairness to Opposing Party and Counsel. Rule 3.6 Trial Publicity. Rule 3.7 Lawyer as Witness. Rule 3.8 Special Responsibilities of a Prosecutor. Rule 3.9 Advocate in Nonadjudicative Proceedings. TRANSACTIONS WITH PERSONS OTHER THAN CLIENTS Rule 4.1 Truthfulness in Statements to Others. Rule 4.2 Communication with Person Represented by Counsel. Rule 4.3 Dealing with Unrepresented Person. Rule 4.4 Respect for Rights of Third Persons. LAW FIRMS AND ASSOCIATIONS Rule 5.1: Responsibilities of Partners, Managers and Supervisory Lawyers Rule 5.2 Responsibilities of a Subordinate Lawyer. Rule 5.3 Responsibilities Regarding Nonlawyer Assistance. Rule 5.4 Professional Independence of a Lawyer. Rule 5.5 Unauthorized Practice of Law; Multijurisdictional Practice of Law. Rule 5.6 Restrictions on Right to Practice. Rule 5.7 Responsibilities Regarding Law-Related Services. PUBLIC SERVICE Rule 6.1 Voluntary Pro Bono Publico Service. Rule 6.2 Accepting Appointments. Rule 6.3 Membership in Legal Services Organization. Rule 6.4 Law Reform Activities Affecting Client Interests. Rule 6.5 Nonprofit and Court-Annexed Limited Legal Services Programs. INFORMATION ABOUT LEGAL SERVICES Rule 7.1 Communications Concerning a Lawyer’s Services. Rule 7.2 Advertising. Rule 7.3: Solicitation of Clients Rule 7.4 Communication of Fields of Practice. Rule 7.5 Firm Names and Letterheads. MAINTAINING THE INTEGRITY OF THE PROFESSION Rule 8.1 Bar Admission and Disciplinary Matters. Rule 8.2 Judicial and Legal Officials. Rule 8.3 Reporting Professional Misconduct. Rule 8.4 Misconduct. Rule 8.5 Disciplinary Authority; Choice of Law. IOLTA Guidelines. 3:08 Disciplinary Rules Applicable to Practice as a Prosecutor or as a Defense Lawyer.
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