reading rule (Massachusetts) · Go Syfert
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reading rule in Massachusetts

9 Massachusetts opinions name it 3 courts 1987–2024 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 (6)

CaseFollowedCited
O'Rourke v. Huntergreen
mass · 2006 · cited in 1 Massachusetts opinions naming this issue, 2024–2024
1 sentence

2024As the Supreme Judicial Court explained in O'Rourke v. Hunter, 446 Mass. 814, 816 (2006), "[a] person contesting the probate of a will must file an appearance" and an "affidavit of objections." The two terms, "contest" and "object," are used for the same purpose: to challenge the validity of a will after it has been submitted for court approval.

11
Commonwealth v. Fontanezgreen
mass · 2019 · cited in 1 Massachusetts opinions naming this issue, 2024–2024
2 sentences

2024P. 15 (a) (2).15 15Our discussion of rule 15 (a) (2) in Commonwealth v. Fontanez, 482 Mass. 22 (2019), and the cases cited therein, similarly does not support the Commonwealth's reading of rule 15.

2024See id. at 23 n.1, 26 (Commonwealth could have filed for leave to appeal under rule 15 [a] [2] where "the judge's decision to exclude the now deceased victim's testimony effectively foreclose[d] the Commonwealth's ability to prosecute a serious crime").

11
Commonwealth v. McLaughlingreen
mass · 2000 · cited in 1 Massachusetts opinions naming this issue, 2013–2013
1 sentence

2013See note 7, supra. Although we agree with the Commonwealth’s reading of rule 31, we conclude that, in accordance with Commonwealth v. McLaughlin, 431 Mass. 506, 520 (2000) (McLaughlin), quoting Mariano v. Judge of Dist.

11
Wolfe v. Gormallygreen
mass · 2004 · cited in 1 Massachusetts opinions naming this issue, 2009–2009
1 sentence

2009See Wolfe v. Gormally, 440 Mass. 699, 704 (2004).

11
Bengar v. Clark Equipment Co.green
mass · 1988 · cited in 1 Massachusetts opinions naming this issue, 2005–2005
1 sentence

2005Bengar v. Clark Equipment Co., 401 Mass. 554, 556-57 (1988).

11
Commonwealth v. Edgerlygreen
mass · 1977 · cited in 1 Massachusetts opinions naming this issue, 1991–1991
1 sentence

1991The defendant’s reading of the rule, based on a statement in Commonwealth v. Edgerly, 372 Mass. 337, 345 (1977), describing in rough outline the proposed notice-of-alibi rule a year before its actual promulgation, would read the words “later withdrawn” out of subsection (F).

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 (3)

CaseCitedYears
Commonwealth v. Lauria green
mass · 1991
2 sentences

2018Rule 36 "is primarily designed to assist in the administration of trial court dockets," Lauria , 411 Mass. at 68 , 576 N.E.2d 1368 , but this reading of the rule would have the opposite effect.

2018Rule 36 "is primarily designed to assist in the administration of trial court dockets," Lauria , 411 Mass. at 68 , 576 N.E.2d 1368 , but this reading of the rule would have the opposite effect.

12018–2018
Smaland Beach Ass'n v. Genova green
mass · 2012
2 sentences

2015We determined that such a reading of rule 3.7 (a) “adheres to its text and fulfils its underlying purposes.” Id.

2015Concerns about potential jury confusion, cross-examination of a lawyer-adversary, and the appearance of impropriety “are absent or, at least, greatly reduced, when the lawyer-witness does not act as trial counsel, even if he performs behind-the-scenes work for the client in the same case.” Id., quoting Culebras Enters.

12015–2015
Barringer v. Northridge green
mass · 1929
1 sentence

1987He reasoned that they were at the eve of trial, that the motion judge had denied his motion and “now you want to open it up again.” While not specifically denying the plaintiffs’ motion at that time, the trial judge said that he would follow the teachings of Barringer, supra. On April 27, 1984, a lobby conference was held, at which time the plaintiffs renewed their motion for leave to amend to conform to the evidence.

11987–1987

Statutes the citing opinions construe

MA § Mass. Gen. Laws ch. 211, § 3 (4) MA § Mass. Gen. Laws ch. 94C, § 32E (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

CA 38 (1924–2024) NY 27 (1915–2025) MO 24 (1906–2025) FL 24 (1977–2019) IL 21 (1901–2020) CO 13 (1985–2025) PA 11 (1961–2024) MI 11 (1970–2025) IN 10 (1965–2016) NJ 10 (1967–2025) WA 9 (1958–2024) TX 9 (1992–2018) OK 9 (1953–2019) MA 9 (1987–2024) NM 8 (1917–2023) UT 8 (2006–2023) OH 7 (1956–2019) NE 7 (1922–2021) MS 6 (1986–2006) AZ 6 (1963–2010) AR 6 (1962–2020) MN 6 (1959–2025) AK 6 (1991–2015) WY 5 (1985–2016) WV 5 (1913–2015) NC 5 (1978–2014) HI 4 (1972–1998) IA 4 (1934–2006) MD 4 (1962–2012) KY 3 (2012–2021) WI 3 (1940–2020) DC 3 (1976–2007) OR 3 (2000–2008) GA 3 (2005–2018) CT 3 (1996–2001) LA 3 (1962–2010) AL 2 (2000–2015) SD 2 (2004–2017) NH 2 (1987–1992) VT 2 (2015–2018) NV 2 (2019–2021) KS 2 (1992–2022)

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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