cogent standard (Massachusetts) · Go Syfert
← Massachusetts issues

cogent standard in Massachusetts

10 Massachusetts opinions name it 2 courts 2001–2026 2 in the last five years

The cases below were cited by Massachusetts courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (7)

CaseFollowedCited
Care and Protection of Zeldagreen
massappct · 1989 · cited in 4 Massachusetts opinions naming this issue, 2002–2011
2 sentences

2010P. 24, 365 Mass. 769 (1974), “may well be accepted as a cogent standard.” Care & Protection of Zelda, 26 Mass. App. Ct. 869, 871 (1989).

2010Co. v. Boston, 71 Mass. App. Ct. 550, 555 [2008]), as the “cogent standard.” See Care & Protection of Richard, 456 Mass. 1002 , 1002 n.3 (2010), quoting from Care & Protection of Zelda, 26 Mass. App. Ct. 869, 871 (1989) (“Although the rules of civil procedure are not applicable to proceedings in the Juvenile Court, Mass.R.Civ.P. 24 . . . ‘may well be accepted as a cogent standard’ ”).

44
Adoption of Reidgreen
massappct · 1995 · cited in 2 Massachusetts opinions naming this issue, 2001–2010
2 sentences

2010See also Adoption of Reid, 39 Mass. App. Ct. 338, 341 (1995); Adoption of Yvette (No. 1), 71 Mass. App. Ct. at 335 n.9.

2001See Adoption of Reid, 39 Mass. App. Ct. 338, 341 (1995).

22
Commonwealth v. DeJesusgreen
massappct · 2008 · cited in 1 Massachusetts opinions naming this issue, 2026–2026
1 sentence

2026Where, as here, the "motion judge and the trial judge were one and the same," we recognize that the judge may rely on her knowledge of the trial proceedings and we therefore extend her decisions a "special deference." Commonwealth v. DeJesus, 71 Mass. App. Ct. 799, 811 (2008). 6 "We look to rule 60 (b) by analogy and as a cogent standard because the Massachusetts Rules of Civil Procedure do not apply to proceedings to dispense with consent to adoption." Adoption of Rory, 80 Mass. App. Ct. 454 , 455 n.3 (2011).

11
Scannell v. Ed. Ferreirinha & Irmao, Lda.green
mass · 1987 · cited in 1 Massachusetts opinions naming this issue, 2014–2014
1 sentence

2014See Care & Protection 4 final judgment are commended to the judge's discretion, and "a judge's decision will not be overturned, except upon a showing of a clear abuse of discretion." Scannell v. Ed. Ferreirinha & Irmao, Lda., 401 Mass. 155, 158 (1987).

11
Commonwealth v. LeFavegreen
mass · 1999 · cited in 1 Massachusetts opinions naming this issue, 2014–2014
1 sentence

2014Because the defendant did not object when the footage was introduced at trial, and because he had a fair opportunity to raise this claim in his motion for a new trial but did not do so, 28 we consider the claim waived, see Commonwealth v. LeFave, 430 Mass. 169, 172-173 (1999), quoting Commonwealth v. Amirault, 424 Mass. 618, 639, 644 (1997), and accordingly review the alleged error for a substantial likelihood of a miscarriage of justice.

11
Commonwealth v. Amiraultgreen
mass · 1997 · cited in 1 Massachusetts opinions naming this issue, 2014–2014
1 sentence

2014Because the defendant did not object when the footage was introduced at trial, and because he had a fair opportunity to raise this claim in his motion for a new trial but did not do so, 28 we consider the claim waived, see Commonwealth v. LeFave, 430 Mass. 169, 172-173 (1999), quoting Commonwealth v. Amirault, 424 Mass. 618, 639, 644 (1997), and accordingly review the alleged error for a substantial likelihood of a miscarriage of justice.

11
Reliance Insurance v. City of Bostongreen
massappct · 2008 · cited in 1 Massachusetts opinions naming this issue, 2010–2010
1 sentence

2010Co. v. Boston, 71 Mass. App. Ct. 550, 555 [2008]), as the “cogent standard.” See Care & Protection of Richard, 456 Mass. 1002 , 1002 n.3 (2010), quoting from Care & Protection of Zelda, 26 Mass. App. Ct. 869, 871 (1989) (“Although the rules of civil procedure are not applicable to proceedings in the Juvenile Court, Mass.R.Civ.P. 24 . . . ‘may well be accepted as a cogent standard’ ”).

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Massachusetts. Read the followed side critically anyway.

Also cited on this issue (4)

CaseCitedYears
Adoption of Rory green
massappct · 2011
2 sentences

2026Where, as here, the "motion judge and the trial judge were one and the same," we recognize that the judge may rely on her knowledge of the trial proceedings and we therefore extend her decisions a "special deference." Commonwealth v. DeJesus, 71 Mass. App. Ct. 799, 811 (2008). 6 "We look to rule 60 (b) by analogy and as a cogent standard because the Massachusetts Rules of Civil Procedure do not apply to proceedings to dispense with consent to adoption." Adoption of Rory, 80 Mass. App. Ct. 454 , 455 n.3 (2011).

2024The decision "will not be reversed on appeal except on a showing, by 4 "We look to rule 60(b) by analogy and as a cogent standard because the Massachusetts Rules of Civil Procedure do not apply to proceedings to dispense with consent to adoption." Adoption of Rory, 80 Mass. App. Ct. 454 , 455 n.3 (2011). 9 clear and convincing evidence, that the judge abused her discretion." Adoption of Gillian, supra. One month after the trial concluded, in August 2022, the mother moved to a family shelter approximately ninety miles away from her prior residence.

32018–2026
Adoption of Gillian green
massappct · 2005
1 sentence

2024The decision "will not be reversed on appeal except on a showing, by 4 "We look to rule 60(b) by analogy and as a cogent standard because the Massachusetts Rules of Civil Procedure do not apply to proceedings to dispense with consent to adoption." Adoption of Rory, 80 Mass. App. Ct. 454 , 455 n.3 (2011). 9 clear and convincing evidence, that the judge abused her discretion." Adoption of Gillian, supra. One month after the trial concluded, in August 2022, the mother moved to a family shelter approximately ninety miles away from her prior residence.

12024–2024
Care & Protection of Richard green
mass · 2010
1 sentence

2010Co. v. Boston, 71 Mass. App. Ct. 550, 555 [2008]), as the “cogent standard.” See Care & Protection of Richard, 456 Mass. 1002 , 1002 n.3 (2010), quoting from Care & Protection of Zelda, 26 Mass. App. Ct. 869, 871 (1989) (“Although the rules of civil procedure are not applicable to proceedings in the Juvenile Court, Mass.R.Civ.P. 24 . . . ‘may well be accepted as a cogent standard’ ”).

12010–2010
Adoption of Yvette green
massappct · 2008
1 sentence

2010See also Adoption of Reid, 39 Mass. App. Ct. 338, 341 (1995); Adoption of Yvette (No. 1), 71 Mass. App. Ct. at 335 n.9.

12010–2010

Statutes the citing opinions construe

MA § Mass. Gen. Laws ch. 210, § 3 (5) MA § Mass. Gen. Laws ch. 119, § 26 (3) MA § Mass. Gen. Laws ch. 119, § 51A (3)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

Where else courts name it

NY 51 (1975–2026) CA 20 (1955–2026) PA 15 (1997–2025) ID 11 (1983–2023) MA 10 (2001–2026) NJ 8 (1969–2025) FL 8 (1979–2004) TX 6 (2007–2015) MO 6 (1907–2011) DC 5 (1981–2005) WY 5 (1936–2019) OH 5 (1924–2005) WI 4 (1979–2019) CO 4 (1977–2025) MD 4 (1960–2016) CT 3 (1980–2025) SD 3 (1896–1986) NH 2 (1853–1903) IA 2 (1920–2018) AR 2 (1908–1910) GA 2 (2008–2009) AL 2 (1989–1997) IL 2 (2008–2021)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

← Caselaw search · G Cite Topics · Brief Check