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Massachusetts Instruction to Jury in a Paternity Case that the Amount of Support is not a Question for the Jury

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If a question of paternity of a child is raised, the parties have a right to submit that question to a jury for determination. Therefore, the issue is whether or not defendant is the father of this child. The question of the amount of support for the child or the mother is not for the jury's consideration.


In a paternity case in Massachusetts, it is important to understand the specific instructions provided to the jury. One crucial instruction, often given, is that the determination of the amount of support is not within the jury's purview. This means that the jury's role is limited to deciding the issue of paternity, and the subsequent determination of child support falls under the jurisdiction of the court or relevant agencies. In Massachusetts, there might be variations in the specific instructions given to the jury regarding the issue of support in a paternity case. While the core message remains consistent — that the jury does not determine the amount of support — subtle differences may exist depending on the circumstances of the case and the location within Massachusetts. These instructions could be named: 1. Massachusetts Instruction to Jury in a Paternity Case: Support Determination 2. Massachusetts Instruction to Jury in a Paternity Case: Excluding Support Consideration 3. Massachusetts Instruction to Jury in a Paternity Case: Limiting the Jury's Role on Support 4. Massachusetts Instruction to Jury in a Paternity Case: Exclusive Focus on Paternity Keywords: Massachusetts, instruction to jury, paternity case, amount of support, not a question, support determination, exclusion of support consideration, limiting jury's role, child support, exclusive focus on paternity.

In a paternity case in Massachusetts, it is important to understand the specific instructions provided to the jury. One crucial instruction, often given, is that the determination of the amount of support is not within the jury's purview. This means that the jury's role is limited to deciding the issue of paternity, and the subsequent determination of child support falls under the jurisdiction of the court or relevant agencies. In Massachusetts, there might be variations in the specific instructions given to the jury regarding the issue of support in a paternity case. While the core message remains consistent — that the jury does not determine the amount of support — subtle differences may exist depending on the circumstances of the case and the location within Massachusetts. These instructions could be named: 1. Massachusetts Instruction to Jury in a Paternity Case: Support Determination 2. Massachusetts Instruction to Jury in a Paternity Case: Excluding Support Consideration 3. Massachusetts Instruction to Jury in a Paternity Case: Limiting the Jury's Role on Support 4. Massachusetts Instruction to Jury in a Paternity Case: Exclusive Focus on Paternity Keywords: Massachusetts, instruction to jury, paternity case, amount of support, not a question, support determination, exclusion of support consideration, limiting jury's role, child support, exclusive focus on paternity.

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FAQ

All parties shall avoid proposing jury selection procedures (including attorney/party voir dire) for the first time on the day of trial.

Specific intent means that ?a defendant must not only have consciously intended to take certain actions, but that he also consciously intended certain consequences.? Commonwealth v. Gunter, 427 Mass. 259, 269, 692 N.E.2d 515, 523 (1998).

Either before or after the closing arguments by the lawyers, the judge will explain the law that applies to the case to you. This is the judge's instruction to the jury. You have to apply that law to the facts, as you have heard them, in arriving at your verdict.

The court, upon request of the parties, in any case where the parties agree in writing as to all the material facts, may report the case to the appeals court for determination without making any decision thereon.

Whereas the statute provides a right to argue damages only in Superior Court civil actions, Rule 51(a)(2) extends the right to argue damages to all actions in trial courts governed by the Massachusetts Rules of Civil Procedure.

The third-party plaintiff need not obtain leave to make the service if he files the third-party complaint not later than 20 days after he serves his original answer. Otherwise he must obtain leave on motion upon notice to all parties to the action.

Usually, the prosecution first makes a closing argument, then the defense attorney. The prosecutor, who has the burden of proof, frequently gets the chance to respond to the defense's final argument. Defend your rights. We've helped 95 clients find attorneys today.

Under Rule 41(a)(1), the plaintiff may dismiss without order of court merely by filing a notice of dismissal prior to an answer or a motion for summary judgment. Thereafter dismissal by the plaintiff, without court order, requires the filing of a stipulation signed by all parties.

More info

The Massachusetts Court System's jury instructions are written statements that explain the jury's role and laws that apply to the specific case. Unless the Juror Line states that your group is cancelled, you must appear as scheduled, reschedule online, or call the Office of Jury Commissioner at 1-800-THE ...Jan 11, 2016 — The instruction as drafted does not cover this type of case. d. Probable cause not required. The purpose of this language in the instruction is ... Review the case for child support (including medical support) or spousal support . • Establish paternity . • Establish custody of a child with one (or both) ... We are pleased to provide electronic copies of civil jury instructions adopted by the. Committee on Model Civil Jury Instructions. MCR 2.512. There are three ways to get your child support case to court for a hearing to ask a judge or family support magistrate to change your order: 1) ask Support ... by JMC Holz · Cited by 22 — As specifically applied to paternity cases, these principles resulted in the approval of an instruction that the jury could consider evidence of the complainant ... When the amount of the charge does not appear as a matter of record, the court, by appointment of a master or by investigation in open court, may ascertain ... A “trial” on the other hand, is a final hearing where the judge will decide all remaining issues and grant a final divorce. At both a trial and an evidentiary ... Jul 8, 2015 — The Judge follows with the traditional instruction explaining briefly the duties and responsibilities of grand jurors, and then remands them to ...

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Massachusetts Instruction to Jury in a Paternity Case that the Amount of Support is not a Question for the Jury