MA FA/HA-8 2010-2025 free printable template

MOTION FOR IMPOUNDMENT & AFFIDAVIT DOCKET NO. (for court use only) G.L. c. 209A, 8 or G.L. c. 258E, 10 Massachusetts Trial Court Pursuant to G.L. c. 209A, 8 or G.L. c. 258E, 10, your residential and

How to fill out 258e motion for impoundment

Who needs 258e motion for impoundment?

Individuals who are involved in a legal case that requires the impoundment of certain evidence or property may need to file a 258e motion for impoundment. This can include parties involved in criminal cases, civil litigation, or even family law disputes. The specific circumstances will vary depending on the case and jurisdiction.

How to fill out 258e motion for impoundment:

1. Begin by identifying the court and case information at the top of your motion. Include the court name, case number, and the names of the parties involved.
2. Clearly state the purpose of the motion. Explain why you are seeking the impoundment of evidence or property and provide a brief summary of the relevant facts and legal arguments. Be concise and specific in your language.
3. Outline the specific evidence or property that you are seeking to have impounded. Provide details such as its nature, location, and any potential risks or concerns associated with its handling or availability to the public.
4. Present your legal basis for requesting impoundment. Cite relevant statutes, rules, or case law that support your argument. Explain how the impoundment of the evidence or property is necessary and relevant to the case at hand.
5. Address any potential objections or counterarguments that the opposing party may have. Anticipate their possible objections and provide persuasive arguments to counter them. This will strengthen your case and demonstrate that the impoundment is justified.
6. Conclude your motion with a clear prayer for relief. State your specific request, such as requesting the court to order the impoundment of the identified evidence or property. Be sure to include any additional requests, such as a protective order to limit access to the impounded items.
7. Sign and date the motion and include your contact information. Ensure that you comply with any specific formatting or filing requirements set forth by the court. Submit the motion to the appropriate court and serve a copy to all relevant parties involved in the case.

It is important to note that the exact requirements and procedures for filing a 258e motion for impoundment may differ depending on the jurisdiction and specific court rules. It is advisable to consult with an attorney or legal professional familiar with the local rules and procedures to ensure that your motion is properly completed and filed.

People Also Ask about

What is an order of impoundment in Massachusetts?

An order of impoundment shall state specifically what material is to be impounded, and, where appropriate, may specify how impoundment is to be implemented. An order of impoundment shall include the date of issuance and shall specify the duration of the order with a date certain for expiration of the order.

What is trial court rule XVI in Massachusetts?

See Trial Court Rule XVI(5). Whenever service is required or permitted upon a party represented by an attorney making a limited appearance, such service shall be upon the attorney and the party for all matters within the limited appearance.

What is trial court rule 9 in Massachusetts?

All civil motions shall be governed, where applicable, by Superior Court Rules 9A through 9E. Any criminal motion must be in writing and filed before being placed upon a list for hearing, unless otherwise ordered by the court, or otherwise provided for under Superior Court Rule 61.

What is the rule 1 28 in Massachusetts?

In Massachusetts, these were known as 1:28 decisions, named after the appellate rule that permitted the Appeals Court to decide that a case was a “no brainer” one way or the other–either there was “no substantial question of law presented,” or that there was a “clear error of law” involved.

What is the rule 2 in Massachusetts trial court?

A motion for impoundment may be sought at any time during the pendency of the case, including impoundment of the complaint when the case is commenced or after a final disposition of the case has entered. The motion should specifically describe the material to be impounded and the duration of the impoundment requested.

What is rule 12 in Mass court?

No attorney shall be permitted to take part in the conduct of a trial in which he has been or intends to be a witness for his client, except by special leave of the court.

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