Massachusetts Judicial System
Massachusetts has a three-tier court system and a two-tier appellate system. The highest court of Massachusetts is the Supreme Judicial Court, which was established by the Massachusetts Constitution of 1780. Lower courts are established by the legislature. These lower courts are the Appeals Court, an intermediate appellate court, and the Trial Court. The Trial Court has seven departments, including the Boston Municipal Court, District Court, Housing Court, Juvenile Court, Land Court, Probate and Family Court, and Superior Court.
Sources: The Massachusetts Constitution, General Laws of Massachusetts, the Massachusetts Rules of Civil Procedure, Rules of Criminal Procedure, Rules of Appellate Procedure, and the Rules of the Supreme Judicial Court.
Secondary Sources
Handbook of Civil Procedure in the Massachusetts District Court, 5th Edition by Call Number: Law Library Stacks KFM2930 .P48 2018ISBN: 9780972173964Publication Date: 2018-03-012013 4th edition is available through inter-library loan. It provides all the details of District Court civil procedure at your fingertips. It allows you to take advantage of all the procedural options that can speed your plaintiff's case – or maximize your defense, to avoid missteps that can cause procedural confusion, unproductive delays and needless trips to court and to effectively navigate your way to the best result possible for your client.
Handbook of Legal Research in Massachusetts by Call Number: Law Library Stacks KFM2475 .H36Publication Date: 2017Includes biographical references and indexes for legal research in Massachusetts
Massachusetts Basic Forms by Call Number: LexisNexisThis forms manual is intended to accompany the Massachusetts Basic Practice Manual.- Massachusetts Basic Practice Manual by Call Number: LexisNexisMCLE's Massachusetts Basic Practice Manual gives you immediate access to your own instant law library in the most important areas of solo and small firm practice—over 1,200 pages of substantive law and practice guidance. Compiled for attorneys who practice in multiple areas, this includes citations to the most important statutes and cases, procedural requirements, checklists, step-by-step explanations of how to handle problem areas, sample forms, and much more.
Massachusetts Legal Research by
Call Number: Law Library Stacks KFM2475 .B58 2010ISBN: 9781594604287Publication Date: 2010-06-01Introduction to legal research -- Legal research as a process -- Secondary sources -- Judicial opinions -- Case law research -- Statutes -- Legislative process and legislative history -- Administrative law -- Constitutions -- Law of evidence and rules of court, including rules of professional conduct.
Massachusetts Practice Series: Civil Practice, 3d (Vols. 9 & 9A) by Call Number: Law Library Stacks KFM2930 .M38; also available at WestlawThis multi-volume encylopedic set contains articles written by experienced Massachusetts attorneys, judges, and law professors and forms. MAPRAC is a complete practice guide for the Massachusetts practitioner.
Massachusetts Superior Court Civil Practice Manual by Call Number: Law Library Stacks KFM2930 .M384ISBN: 1683452976Publication Date: 2021-09-30It offers a broad-based, intensive and practical grounding in the topics vital to trial practice in the Superior Court. You will benefit from the expertise of dozens of lawyers and judges, on topics such as developing top-notch trial advocacy techniques, navigating Rule 9 and its many details, perfecting discovery through your motions practice, presenting and excluding evidence at trial, and understanding the many requirements of dispositive motions. Ethics commentary, judicial insight, ADR perspectives are featured.
Primary Sources
Massachusetts Rules of Civil Procedure are available in print, in subscription databases such as Westlaw, LexisNexis and Bloomberg, and on internet websites free of charge.
Massachusetts Rules of Civil Procedure freely available at:
- Supreme Judicial Court of Massachusetts:
- This website also provides Rules of Appellate Procedure, Rules of Criminal Procedure, and Rules of the Supreme Judicial Court.
- Massachusetts Trial Court Law Libraries:
- This website is the most useful free portal and database for Massachusetts law research. It provides links, .pdf, and .text documents of Mass. General Laws, regulations (CMR), cases, court rules and fees, Massachusetts courts, executive orders, state agency opinions, and city/town bylaws. You can search for laws by subject and by source.
- Office of Reporter of Decisions
- The official website of the Report of Decisions of the Massachusetts Supreme Judicial Court (SJC) and the Appeals Court. This website contains slip onions, Opinion Archive (1002-), unpublished decisions, and Advance Sheets - (1) the opinions of the two appellate courts with head; (2) the SJC orders; (3) Rule 1:28 decisions; and (4) the amendments to the Massachusetts Rules of Civil Procedure, Criminal Procedure, Appellate Procedure, and SJC. Advance Sheets are available to subscribers only. You can search decisions by release date, parties, docket number, and keywords with Boolean connectors.
Cases
- LexisNexis This link opens in a new windowMA Superior Court cases from 1993; District Court, Appellate Division cases from 1990; Land Court cases from 1993
The above databases contain many cases from MA courts regarding civil procedure. Below are some print materials, including court reporters, that you might find useful as you research issues on MA civil procedure law.
- Massachusetts Appeals Court reports by Call Number: Law Library Stacks KFM2448 .A2Publication Date: v.1 (Dec. 1972/Feb. 1974) -Official reporter for MA Appeals Court
- Massachusetts appellate decisions by Call Number: Law Library Stacks KFM2451 .A4 M36Publication Date: 1942-78 (v.1-59)
- Massachusetts Appellate Division reports by Call Number: Law Library Stacks KFM2451 .A4 M35Publication Date: v.2 (1937) - v.13 (1948)
- Massachusetts decisions reported in Northeastern reporter by Publication Date: v.1-6 (1885/6) - v.197-200(1935/6)
- Massachusetts Reports by Call Number: Law Library Stacks KFM2445 .A2Publication Date: v.1 (Sept. 1804/June 1805) -Official reporter for SJC
- Reports of Massachusetts Appellate Division: decisions of the appellate divisions of the district courts and the Boston Municipal Court by Call Number: Law Library Stacks KFM2451 .A4 M362Publication Date: 1980-
Legal Newspapers
Massachusetts Lawyers Weekly: (also available on Westlaw)
- Subscription required. Reports decisions issued by all the state and federal courts in Massachusetts including the Supreme Judicial Court, the Appeals Court, the 1st U.S. Circuit Court of Appeals as well as rulings from state and federal trial courts in Massachusetts and state agencies, changes to court rules, verdict & settlement reports, and bar-discipline notices. The Archives goes back to 1993.
Also look at Continuing Legal Education materials, published by Massachusetts Continuing Legal Education (MCLE) (also available on Westlaw), Massachusetts Bar Association, and the Boston Bar Association.
Law Reviews and Journals
- HeinOnline This link opens in a new windowHeinOnline provides full access to complete runs of more than 500 law journals. It also includes the Federal Register, treaties and related publications, U.S. Supreme Court materials, U.S Attorney General Opinions and much more. Click into the database to see a complete listing of its contents.
The following Law Reviews and Law Journals will be useful to find articles on cutting-edge issues relating to Massachusetts procedural rules : Northeastern University Law Journal, Boston College Law Review, Boston University Law Review, Harvard Law Review, New England Law Review, Suffolk University Law Review, and Western New England Law Review. You can search for specific issues, topics, or browse using the above databases. In addition, the following publications contain Massachusetts-specific information.