Massachusetts Deposition Practice Manual
Strategic insights for success
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- Product Number: 2222134WFM
- Publication Date: 10/5/2021
- Edition: 4th Edition 2019, with 2021 Supplement
- Copyright: © 2021 MCLE, Inc.
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Product Description
Product Description
Landlord and tenant law in Massachusetts comprises a myriad of statutes, regulations, and common law provisions. This book guides you through each stage of the landlord-tenant relationship, from the creation of a tenancy to its termination and posttermination issues, providing sample documents and pleadings for guidance. Featured are judicial and ethics commentary as well as tips for effective practice. The manual is full of the information you need to understand the complexities of real estate lease agreements and to represent both lessors and lessees in residential and commercial relationships.
Recent updates:
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Update: August 2022
Dear Subscriber:
Thank you for updating your reference library with the 2022 edition of Residential and Commercial Landlord-Tenant Practice in Massachusetts . This edition brings the latest in landlord-tenant law and procedure within your immediate reach—for fast answers to the questions that arise most frequently in your practice.
There have been a number of important developments in the two years that have passed since this publication was last updated. Highlights from the 2022 edition include
- reliance on the Violence Against Women Act as a defense to eviction;
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a substantially revised discussion of reasonable accommodations in housing, including
- the relative burdens on the tenant to make a reasonable accommodation request and the defendant to show, where applicable, that compliance with the request would impose an "undue burden" or result in a "fundamental alteration" of its program;
- the interaction of reasonable accommodation requests with safety concerns and with participation in housing subsidy programs; and
- the use of personal care attendants or live-in aides for persons with disabilities;
- vicarious liability for discriminatory housing practices;
- the Centers for Disease Control's reduction of the "reference value" used to identify individuals with lead exposure;
- lead poisoning liability under Chapter 93A and general negligence principles;
- a recent Supreme Judicial Court decision finding that an owner renting a house for a weekend had no duty of care to third parties where the renter had sole and exclusive possession of the home;
- discontinuation of the "substantial factor" test and adoption of the traditional "but for" standard for determining causation in most tort cases;
- guidance on eviction practices under court protocols adopted in response to the COVID-19 pandemic;
- a statutory amendment providing that minors are not to be named in summary process complaints;
- a finding that the court has equitable authority to require that tenants make interim use and occupancy payments during a summary process eviction trial;
- recent Housing Court cases on standing;
- numerous recent cases on postforeclosure eviction along with related statutory and judicial developments; and
- an overview of Housing Court changes relating to the COVID-19 pandemic.
With this latest edition, Residential and Commercial Landlord-Tenant Practice in Massachusetts remains an essential companion for any lawyer handling a landlord-tenant matter in Massachusetts. We at MCLE thank you for your ongoing support of this product, as we continue our efforts to bring you the latest solutions to the issues you face in your practice.
Very truly yours,
John M. Lawlor, Esq., MCLE Publications Attorney
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Update: August 2022
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Table of Contents
Table of Contents
expand allChapter 1 expandGoals and Strategies
Buy ChapterChapter 2 expandBasic Procedure and Preparing to Take a Deposition
Buy ChapterExhibit 2A
- Notice of Deposition of Plaintiff Buy FormExhibit 2B
- Notice of Deposition of Corporation Pursuant to Rule 30(b)(6) Buy FormExhibit 2C
- Motion for Commission to Take Deposition Outside the Commonwealth of Massachusetts Buy FormExhibit 2D
- Rule 30A Notice of Deposition (Audiovisual Deposition) Buy FormExhibit 2E
- Rule 30A(m) Notice of Deposition (Audiovisual Expert Witness Deposition for Trial) Buy FormExhibit 2F
- Notice of Remote Deposition Buy FormChapter 3 expandTaking Depositions in Federal Court
Buy ChapterChapter 4 expandPreparing to Defend a Deposition
Buy ChapterChecklist 4.1
- Pointers for the Deposition Witness Buy FormChapter 5 expandPredeposition Motions
Buy ChapterExhibit 5A
- Motion to Take Depositions Prior to Expiration of Thirty Days After Service of Complaint and Summons Buy FormExhibit 5B
- Emergency Motion for Commission to Appoint Person Before Whom Oral Deposition May Be Taken (Outside Massachusetts) Buy FormExhibit 5C
- Order for Subpoena Duces Tecum to Compel Testimony Witness and Production of Documents Buy FormExhibit 5D
- Commission Buy FormExhibit 5E
- Application for Discovery Order Buy FormExhibit 5F
- Motion for Leave to Take Telephone Depositions Buy FormExhibit 5G
- Motion to Conduct Deposition Buy FormExhibit 5H
- Motion for a Protective Order Buy FormExhibit 5I
- Memorandum in Support of Protective Order Buy FormExhibit 5J
- Motion to Quash Subpoena Buy FormExhibit 5K
- Memorandum of Law in Support of Motion to Quash Subpoena Buy FormExhibit 5L
- Affidavit in Support of Motion to Quash Subpoena Buy FormChapter 6 expandTaking the Deposition
Buy ChapterExhibit 6A
- Outline of Deposition of Plaintiff in Slip-and-Fall Tort Case Buy FormChapter 7 expandDefending the Deposition
Buy ChapterChapter 8 expandPostdeposition Matters
Buy ChapterChapter 9 expandChapter 10 expandUsing Depositions in Criminal Litigation
Buy ChapterChapter 11 expandAudiovisual Depositions
Buy ChapterChapter 12 expandDeposing Medical and Technical Experts
Buy ChapterChapter 13 expandDeposing Accountants
Buy ChapterChapter 14 expandDepositions in Class Actions
Buy ChapterExhibit 14A
- Adequacy and Typicality Checklist for Use When Preparing or Questioning a Class Representative Buy FormChapter 15 expandPreparing for and Taking Depositions in Domestic Relations Cases
Buy ChapterChecklist 15.1
- Document Checklist for a Divorce Case Buy FormExhibit 15A
- Notice of Deposition Buy FormExhibit 15B
- Motion for Letter Rogatory to Issue Buy FormExhibit 15C
- Form of Letter Rogatory to Appropriate Authority Buy FormExhibit 15D
- Motion for Issuance of Commission to Take Deposition Buy FormExhibit 15E
- Form of Commission to Take Deposition Buy FormExhibit 15F
- Order Issuing Commission Buy FormExhibit 15G
- Massachusetts Bar Association Civility Guidelines for Family Law Attorneys Buy FormExhibit 15H
- Direct Examination of Party Claiming Privilege Against Self-Incrimination Buy FormExhibit 15I
- Outline of Deposition of Expert Witness Buy FormExhibit 15J
- Vaughan v. Vaughan, No. 91-485 (Mass. Nov. 25, 1991) (Greaney, Single J.) Buy FormExhibit 15K
- Tibbetts v. Tibbetts, No. 92-J-760 (Mass. App. Ct. Oct. 14, 1992) Buy FormExhibit 15L
- Direct Examination of Telephone Company Representative Buy FormChapter 16 expandAdditional Topics in Domestic Relations Cases
Buy ChapterChapter 17 expandDepositions in Employment Litigation
Buy Chapter - Editors & Authors