Monday, February 03, 2014

Comments Sought on Proposed Amendments to Massachusetts Trial Court Rule VIII: Uniform Rules on Impoundment Procedure

The Trial Court is soliciting comments on proposed amendments to Trial Court Rule VIII: Uniform Rules on Impoundment Procedure, and its accompanying handbook.  There have been no changes to the rules since 1988.  According to the court:

"One of the most significant proposed amendments to the rules is the applicability of the rules to criminal proceedings.  This amendment in Rule 1 conforms the rules to existing practice and to instruction from the Supreme Judicial Court that requests for impoundment in criminal proceedings should follow the same procedures as requests in civil proceedings."

"In addition to the proposed amendments, the committee has prepared a handbook containing detailed notes, proposed uniform best practices, sample forms, and a list of authorities governing impoundment.  The committee's notes provide explanatory information and citations to the governing case law that the committee hopes will assist the Trial Court justices and staff, as well as the public and members of the bar."

For additional information, see the following:  Notice Seeking Public Comment on Proposed Amendments to Uniform Rules on Impoundment Procedure, Proposed Amended Uniform Rules on Impoundment Procedure and Proposed Impoundment Handbook.

Send comments by March 17, 2014 to Joseph Stanton, Clerk of the Appeals Court, at joseph.stanton@appct.state.ma.us, or Denise Fitzgerald, Manager of Legal Research Services for the Probate and Family Court, at denise.fitzgerald1@jud.state.ma.us.