Retroactive Amendments: Civil Laws In Massachusetts

The Massachusetts Constitution lays down the framework for the state's legislative, executive, and judiciary powers. It also outlines the rights of the inhabitants of the Commonwealth of Massachusetts.

The Constitution can be amended through a process involving the General Court, the legislature of Massachusetts, and the people of the state. Amendments can be proposed by the General Court or through a petition signed by a specified number of voters. The proposed amendments are then submitted to the people for approval or rejection.

The Massachusetts Rules of Civil Procedure are the rules governing civil proceedings in the state. These rules are subject to amendments, which are typically approved by the Supreme Judicial Court.

Therefore, amendments to civil laws in Massachusetts can apply retroactively if they are approved through the amendment process outlined in the state's Constitution. Additionally, changes to the Rules of Civil Procedure may also have retroactive effects, depending on the nature of the amendments.

Amendments to Mass. Rules of Civil Procedure 8.1 and 55.1

Amendments to Massachusetts Rules of Civil Procedure 8.1 and 55.1

The Supreme Judicial Court has approved amendments to Massachusetts Rules of Civil Procedure 8.1 and 55.1, which came into effect on January 1, 2019. The amendments establish new requirements for claims to collect consumer debt arising from the use of certain revolving credit agreements (primarily credit card collection cases) and prevent non-complying plaintiffs from obtaining defaults or default judgments in such cases.

Rule 8.1

Rule 8.1 requires a plaintiff to file with the complaint:

• Detailed affidavits identifying the debt, documenting the debt, and verifying the defendant’s address.
• A certification concerning the statute of limitation applicable to the claim.

Plaintiffs and counsel completing these documents should be mindful of their obligation to ensure that any personal identifying information included in those documents is redacted before filing.

Rule 55.1

The Trial Court has promulgated the following forms for mandatory use:

• Revised Statement of Damages, G. L. c. 218, sec. 19A, for use in the District and Boston Municipal Courts
• Revised Civil Action Cover Sheet, for use in the Superior Court (Both of these revised versions allow filers to identify the action as one involving “collection of a debt incurred pursuant to a revolving credit agreement,” and so subject to the requirements of Rule 8.1.)
• Affidavit Regarding Debt, Mass. R. Civ. P. 8.1(c)
• Affidavit Providing Documentation of Debt, Mass. R. Civ. P. 8.1(d)
• Affidavit of Address Verification, Mass. R. Civ. P. 8.1 (e)
• Certification Regarding Statute of Limitations, Mass. R. Civ. P. 8.1(f)
• Affidavit of Compliance and Plaintiff’s Entitlement to Judgment, Mass. R. Civ. P. 55.1(b)(1)
• Affidavit of Address Re-Verification Upon Request For Default Judgment, Mass. R. Civ. P. 55.1(d)

Amendments to Rules 5 and 6 of the Massachusetts Rules of Civil Procedure

The Massachusetts Rules of Civil Procedure are a set of rules that govern civil procedure in the state of Massachusetts. These rules outline the procedures that must be followed when filing and serving legal documents, such as pleadings, motions, and other papers. The rules also cover topics such as discovery, subpoenas, and judgments. From time to time, these rules may be amended to reflect changes in the law or to improve the efficiency of the civil justice system.

On December 1, 2023, amendments to Rules 5 and 6 of the Massachusetts Rules of Civil Procedure came into effect. Rule 5 pertains to the service and filing of pleadings and other papers, while Rule 6 concerns computing and extending time. The specific changes made to these rules are as follows:

Rule 5 Amendments:

• The addition of email as an authorized method of service, regardless of whether the parties are using the court's electronic filing system or have agreed to it in writing. This amendment mirrors a temporary authorization of email service during the COVID-19 pandemic.
• The requirement for attorneys to include their business email addresses on all pleadings, motions, and other papers. This ensures that service can be made via email to the designated address.
• Provisions for attorneys to designate up to two secondary business email addresses for service, with the requirement that email service be directed to all designated addresses.
• A prohibition on serving pleadings and other documents via email to self-represented parties unless they consent in writing. This consent can be given or withdrawn via email or leave of the court.
• Clarification that service by email is deemed complete upon hitting "send," unless the sender receives an indication that the email was not successfully transmitted. In such cases, the sender must promptly resend the document.
• Specification that any document served by email before midnight on a business day is considered served on that date. Documents served on weekends or holidays are considered served on the next business day.
• Flexibility in transmitting documents via email, either as attachments or through links within the email body.
• A provision allowing parties who claim non-receipt of emailed documents to seek relief from any adverse rulings or actions resulting from the alleged defective service.

Rule 6 Amendments:

• An extension of the deadline for filing oppositions to motions from one to two business days before the hearing.
• An extension of the additional three days allowed for a reply, regardless of whether service is made by mail or electronic means.

These amendments to Rules 5 and 6 of the Massachusetts Rules of Civil Procedure aim to modernize and streamline the service and filing process, providing clarity and convenience to attorneys and self-represented parties while ensuring that due process is followed.

Amendments to Superior Court Rules 9A, 9B, 9C, 9D, and 9F

The Superior Court is a trial court of general jurisdiction for Massachusetts, and is committed to delivering high-quality justice with dignity and speed. The court's 82 justices sit in 20 courthouses in all 14 state counties.

On August 3, 2023, the Supreme Judicial Court (SJC) approved amendments to Superior Court Rules 9A, 9B, 9C, 9D, and the addition of new Rule 9F, which came into effect on September 1, 2023. Here's a summary of the amendments:

• Rule 9A: Civil Motions - This rule governs the process of filing civil motions in the Superior Court.
• Rule 9B: Certificates of Service - This rule relates to the requirements for certificates of service.
• Rule 9C: Additional Requirements for Dispositive and Discovery Motions - Rule 9C requires parties to confer before filing most dispositive and discovery motions. It aims to promote judicial efficiency and streamline civil litigation.
• Rule 9D: Motions for Reconsideration - This rule outlines the process for requesting a court to reconsider a previous ruling.
• Rule 9F: Requests to Amend Tracking Order - The new Rule 9F provides guidelines for requesting amendments to tracking orders, which are used to manage the progress of cases through the court system.

These amendments aim to improve the efficiency and effectiveness of the Superior Court in Massachusetts, ensuring that justice is delivered in a timely and dignified manner.

Amendments to Massachusetts and foreign alimony judgments

The Alimony Reform Act of 2011 has caused much confusion in Massachusetts regarding the retroactive application of amendments to civil laws. In 2015, the Massachusetts Supreme Judicial Court (SJC) ruled that the retroactive application of the Act is extremely narrow.

In the case of Chin v. Merriot, the SJC held that the Act's provisions permitting the termination of alimony when the recipient cohabits with a romantic partner or when the payor reaches federal retirement age did not apply to divorces that occurred before March 1, 2012, when the Act went into effect.

However, in the case of Rodman v. Rodman, the SJC held that the alimony termination provisions in the Act did apply to some divorces finalised before the Act, as long as the divorce followed a marriage of less than 20 years.

The SJC has also ruled that judges should apply the old, pre-Act legal standard for modifying alimony whenever the Act does not apply. This standard allows for alimony modification under an amorphous "substantial change in circumstances" rule.

In summary, while the Alimony Reform Act of 2011 has caused some confusion, the SJC has provided guidance on its retroactive application, ruling that it is generally not applicable to divorces that occurred before March 1, 2012. However, there may be exceptions to this rule, as demonstrated in the Rodman v. Rodman case.

Amendments to Massachusetts judgments concerning care, custody, and maintenance of children

Amendments to Massachusetts judgments concerning the care, custody, and maintenance of children are covered under MGL c.208, § 28. This statute allows the court to make appropriate orders of maintenance, support, and education for any child who has attained the age of 18 but is yet to turn 21 and is domiciled in the home of a parent and principally dependent on said parent for maintenance.

The court may also make appropriate orders of maintenance, support, and education for any child who has attained the age of 21 but is yet to turn 23, if such a child is domiciled in the home of a parent and principally dependent on said parent for maintenance due to enrollment in an educational program, excluding educational costs beyond an undergraduate degree.

Massachusetts law also covers child support for children over the age of 18. The Child Support Guidelines II.F. Child Support for Children Between the Ages of 18 and 23 (2023) are the basis for deciding how much child support should be paid.

Massachusetts law also allows for the modification of divorce, child support, and other family law judgments and orders.

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