ex parte hearing (Massachusetts) · Go Syfert
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ex parte hearing in Massachusetts

10 Massachusetts opinions name it 2 courts 1900–2022 1 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 (6)

CaseFollowedCited
Everett v. 357 Corp.green
mass · 2009 · cited in 2 Massachusetts opinions naming this issue, 2018–2018
2 sentences

2018To be sure, "a fundamental tenet of law is that lack of subject matter jurisdiction is fatal to a plaintiff's claims." Everett v. 357 Corp ., 453 Mass. 585 , 612, 904 N.E.2d 733 (2009).

2018To be sure, "a fundamental tenet of law is that lack of subject matter jurisdiction is fatal to a plaintiff's claims." Everett v. 357 Corp ., 453 Mass. 585 , 612, 904 N.E.2d 733 (2009).

12
C.R.S. v. J.M.S.green
massappct · 2017 · cited in 2 Massachusetts opinions naming this issue, 2018–2018
2 sentences

2018As "there is no relief available to the defendant" from the issuance of the September 6, 2017, ex parte order, C.R.S . v. J.M.S ., 92 Mass. App. Ct. at 565 , 89 N.E.3d 1198 , we dismiss the appeal from that order as moot.

2018As "there is no relief available to the defendant" from the issuance of the September 6, 2017, ex parte order, C.R.S . v. J.M.S ., 92 Mass. App. Ct. at 565 , 89 N.E.3d 1198 , we dismiss the appeal from that order as moot.

12
A.R. v. L.C.green
massappct · 2018 · cited in 1 Massachusetts opinions naming this issue, 2022–2022
1 sentence

2022We take this opportunity to reiterate that, where a c. 258E order is sought on the basis of speech alone, the plaintiff must prove that the speech rose to the level of true threats or fighting words and not merely that it was "harassing, intimidating, or abusive in the colloquial sense." A.R. v. L.C., 93 Mass. App. Ct. 758, 761 (2018).

11
Care & Protection of Robertgreen
mass · 1990 · cited in 1 Massachusetts opinions naming this issue, 2009–2009
1 sentence

2009See Care & Protection of Robert, 408 Mass. 52, 57 (1990) (“Due to the need for expedition in this type of proceeding, the emergency hearing, much like a hearing for a temporary restraining order, may be held ex parte”).

11
Commonwealth v. Bishopgreen
mass · 1993 · cited in 1 Massachusetts opinions naming this issue, 1995–1995
1 sentence

1995See Commonwealth v. Bishop, 416 Mass. 169 (1993).

11
Andrews v. Andrewsgreen
· 1903 · cited in 1 Massachusetts opinions naming this issue, 1933–1933
1 sentence

1933It was said in Thormann v. Frame, 176 U. S. 350 , at page 356, “it is thoroughly settled that the constitutional provision that full faith and credit shall be given in each State to the judicial proceedings of other States, does not preclude inquiry into the jurisdiction of the court .in which the judgment is rendered," over the subject-matter, or the parties affected by it, or into the facts necessary to give such jurisdiction.” In an analogous case where the domicil of a party to a divorce obtained in another State of the Union was challenged it was said by Holmes, C.J., in Andrews v. Andrew

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 (9)

CaseCitedYears
Frizado v. Frizado green
mass · 1995
2 sentences

2018Thus, while the plaintiff has the burden "to establish facts justifying the issuance and continuance of an abuse prevention order," Frizado , 420 Mass. at 596 , 651 N.E.2d 1206 , a plaintiff's failure to establish a substantive dating relationship at the ex parte hearing would not deprive the court of jurisdiction.

2018Thus, while the plaintiff has the burden "to establish facts justifying the issuance and continuance of an abuse prevention order," Frizado , 420 Mass. at 596 , 651 N.E.2d 1206 , a plaintiff's failure to establish a substantive dating relationship at the ex parte hearing would not deprive the court of jurisdiction.

22018–2018
MacDonald v. Caruso green
mass · 2014
1 sentence

2019A. P. 18 (a), as amended, 425 Mass. 1602 (1997). "[A] plaintiff shoulders no burden at a termination hearing and is entitled to rest on the finality of the order." MacDonald, 467 Mass. at 391 . 4 attempt to do, if he has lost it enough to retaliate against a child with a vehicle." On the same day as the ex parte hearing, September 25, 2000, the defendant was arraigned in the District Court on charges of assault by means of a dangerous weapon and assault and battery by means of a dangerous weapon.3 He was served in hand with a copy of the 209A order and a return of service was filed with the co

12019–2019
F.K. v. S.C. green
mass · 2019
2 sentences

2019"Snapchat is a social media website on which a member may share information with a network of 'friends.' " F.K . v. S.C ., 481 Mass. 325 , 327, 115 N.E.3d 539 (2019).

2019"Snapchat is a social media website on which a member may share information with a network of 'friends.' " F.K . v. S.C ., 481 Mass. 325 , 327, 115 N.E.3d 539 (2019).

12019–2019
Wooldridge v. Hickey green
massappct · 1998
2 sentences

2018See C.R.S . v. J.M.S ., 92 Mass. App. Ct. 561 , 565, 89 N.E.3d 1198 (2017) ; Wooldridge v. Hickey , 45 Mass. App. Ct. 637 , 638, 700 N.E.2d 296 (1998).

2018See C.R.S . v. J.M.S ., 92 Mass. App. Ct. 561 , 565, 89 N.E.3d 1198 (2017) ; Wooldridge v. Hickey , 45 Mass. App. Ct. 637 , 638, 700 N.E.2d 296 (1998).

12018–2018
Jenkins v. CHIEF JUSTICE OF THE DISTRICT COURT DEPT. green
mass · 1993
1 sentence

1994Court Dep’t, 416 Mass. 221 , 232-239 (1993) (a warrantless arrest must be followed by a judicial determination of probable cause, which may be made at an ex parte hearing, no more than twenty-four hours after the arrest unless the Commonwealth demonstrates extraordinary circumstances causing the delay). *679 “A defendant who has been arrested shall be brought before a court if then in session, and if not, at its next session. ...

11994–1994
Andrews v. Andrews green
mass · 1900
1 sentence

1933It was said in Thormann v. Frame, 176 U. S. 350 , at page 356, “it is thoroughly settled that the constitutional provision that full faith and credit shall be given in each State to the judicial proceedings of other States, does not preclude inquiry into the jurisdiction of the court .in which the judgment is rendered," over the subject-matter, or the parties affected by it, or into the facts necessary to give such jurisdiction.” In an analogous case where the domicil of a party to a divorce obtained in another State of the Union was challenged it was said by Holmes, C.J., in Andrews v. Andrew

11933–1933
Perkins v. Perkins green
· 1916
1 sentence

1933Perkins v. Perkins, 225 Mass. 82, 85 .

11933–1933
Thormann v. Frame green
scotus · 1900
1 sentence

1933It was said in Thormann v. Frame, 176 U. S. 350 , at page 356, “it is thoroughly settled that the constitutional provision that full faith and credit shall be given in each State to the judicial proceedings of other States, does not preclude inquiry into the jurisdiction of the court .in which the judgment is rendered," over the subject-matter, or the parties affected by it, or into the facts necessary to give such jurisdiction.” In an analogous case where the domicil of a party to a divorce obtained in another State of the Union was challenged it was said by Holmes, C.J., in Andrews v. Andrew

11933–1933
Adams v. Adams green
mass · 1891
1 sentence

1900Adams v. Adams, 154 Mass. 290, 294 , and cases cited.

11900–1900

Where else courts name it

CA 72 (1901–2026) IL 57 (1946–2024) TX 50 (1868–2025) OH 47 (1980–2025) TN 27 (1966–2025) PA 22 (1922–2025) FL 21 (1888–2021) GA 19 (1993–2025) AL 18 (1929–2026) NY 14 (1906–2020) DC 13 (1973–2021) LA 12 (1994–2024) MD 12 (1981–2021) AZ 11 (1989–2026) OR 10 (1994–2026) OK 10 (1900–2020) MA 10 (1900–2022) NC 9 (1992–2013) MS 8 (1994–2009) IA 8 (1906–2020) MO 7 (1918–2010) CO 7 (1964–2015) VA 7 (1988–2024) WA 6 (1957–2020) ID 5 (1982–2014) KY 5 (1966–2020) WV 5 (1906–1997) MI 5 (1912–2018) AK 5 (1990–2021) NE 5 (1904–2024) CT 4 (1991–2016) NH 4 (1978–2024) IN 4 (1966–2020) WI 3 (2001–2019) AR 3 (2015–2023) KS 3 (1901–1999) VT 3 (1937–1988) GU 2 (2021–2021) MN 2 (1939–2012) NM 2 (1942–1942) NJ 2 (2016–2018) NV 2 (2013–2019)

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.

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