MASSACHUSETTSSCHOOL OF LAW at ANDOVER
SYLLABUS FOR Trial Court Practice & ProcedureB Fall 2007
Hon. Robert A. Cornetta
Instructor: Hon. Robert A. Cornetta
Email:
Phone: 978.681.0800
Course requirements:
Books: West’s 2007 Massachusetts Rules of Court
Resources: Massachusetts Practice Series (West)
Handbook of Procedure in the Massachusetts District Court, Perlin &
Connors, Lawyers Weekly publishing, and others to be assigned including
handouts
There will be ten (10) writing assignments provided to students to be completed before the next class
The course’s mid term examination will be a writing assignment
Final examination: Closed book examination consisting of four (4) questions, 3 essay and one multipart question.
Students will be required to schedule one court house visit with Judge Cornetta & his staff.
Session 1: Introduction to the Massachusetts Trial Court System, sources of authority, availability of resources and an overview of civil jurisdiction within the Massachusetts court system. The availability of access to the system and practical solutions to procedural problems will also be discussed. We will also be discussing the availability of jury trials in civil matters.
Students should review the Massachusetts Rules of Civil Procedure.
Session 2: The new one trial system in the District Court will be discussed as well as procedures in the Superior Court. The prior remand – removal system will be covered regarding “legacy cases” still pending within the system. We will be reviewing the trial court’s policy of time standards.
The commencement of an action will be discussed as well as a look at pre judgment security issues. We will be covering how pre judgment security is perfected and how service of process is obtained. We will be looking at “ex parte” matters and how to write a sufficient affidavit. We will also be covering “inter-department” transfers.
Session 3: In this session, we will be covering basic tort and contract actions and discussing where the action should be commenced for logistical reasons. We will be discussing case management as implemented in the trial court system and issues regarding entry of defaults and other remedies when defendants do not respond to the action after it has been commenced.
Session 4: We will be covering G.L. Ch. 209A actions which are civil in nature as well as other equitable remedies. We will review how one goes about obtaining injunctive relief and the entry of final judgment in an equity action.
Session 5: In this session, we will be covering discovery in civil cases. We will be discussing G.L. Ch. 233, s. 79G and the HIPAA regulation 45 CFR 164.512 (e) (1) in seeking access to medical records. Students should review Article V of the Massachusetts Rules of Civil Procedure.
Session 6: We will be reviewing specialized cases including mental health and CHINS matters, declaratory relief, equity availability in the Probate & Family Court, petitions to partition and the use of masters and commissioners.
Session 7: In this session, we will be covering jury trial procedures from empanelment to appeal.
Session 8: In this session, we will be discussing trial procedures in the courtroom including direct and cross examination, vior dire, motions in limine, and opening/closing statements to the jury as well as jury instructions. We will also discuss requests for findings and rulings in jury waived matters.
Session 9: This session will cover summary process, landlord tenant, land use and regulation including conservation matters. We will look at the Housing Court, code violations, municipal ordinances/town by laws and the state sanitary code.
Session 10: We will be covering small claims, alternative dispute resolution, supplementary process, judgment, execution and post judgment enforcement.
Session 11: In this session, we will be having students presenting various motions to the court in the moot courtroom. Particular motions will be assigned to each student for presentation.
Session 12: This session will cover ethical considerations including the Board of Bar Overseers, handling of clients’ funds, pro se litigants, the “difficult” client, representation agreements, fair debt collection practices setting up an office, the business plan and errors and omissions coverage.
Session 13: Course wrap up. We will devote this class to a review of the semester’s work and seek to answer final questions from students regarding course content and substantive law issues.
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