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Massachusetts Statutes, Title IV

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Massachusetts/Statutes

← All Massachusetts coverage

Chapter 258D

9 sections in this chapter.

All chapters in Title IV978 Ch 32176 Ch 3197 Ch 24686 Ch 32A76 Ch 25364 Ch 32B54 Ch 24840 Ch 25540 Ch 255D38 Ch 25437 Ch 25232 Ch 255B29 Ch 24722 Ch 255C22

9 sections·Filtered byTitle IV✕Ch 258D✕

Mass. Gen. Laws ch. 258D, § 1 Erroneous felony conviction claims; class of eligible persons; burden of proof; definitions; right to jury trial; preliminary relief
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Section 1. (A) A claim may be brought against the commonwealth for an erroneous felony conviction resulting in incarceration as provided in this chapter. (B) The class of persons eligible to obtain relief under this chapter shall be limited to the following:— (i) those that have …
Mass. Gen. Laws ch. 258D, § 2 Compensation for claimants
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Section 2. A claimant shall not be entitled to compensation from the commonwealth for any incarceration or portion thereof, which was or will be credited toward a sentence for, or during which the claimant was also serving a concurrent sentence for the conviction of another crime…
Mass. Gen. Laws ch. 258D, § 3 Commencement of action; manner of proceedings
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Section 3. A civil action brought against the commonwealth under this chapter shall be brought in the county where the claimant was convicted or in Suffolk county. The superior court shall have exclusive jurisdiction of all such actions. All civil actions brought pursuant to this…
Mass. Gen. Laws ch. 258D, § 4 Service of process; notification; victim's right to testify; evidence; arbitration and settlements.

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Section 4. Service of process for a civil action brought pursuant to this chapter shall be made upon the attorney general for the commonwealth who shall defend the commonwealth against all such claims. The attorney general shall immediately notify the district attorney for the co…

Mass. Gen. Laws ch. 258D, § 5 Damages

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Section 5. (A) Upon a finding or verdict that the claimant has met the requirements of section 1 by the requisite standard of proof and is not barred from compensation by section 2, the court or the jury shall determine the damages that shall be payable to the claimant. In making…

Mass. Gen. Laws ch. 258D, § 6 Costs and attorneys' fees

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Section 6. A claimant who prevails in an action under this chapter shall be entitled to an award of the costs of the litigation and reasonable attorneys' fees in an amount to be fixed by the court.

Mass. Gen. Laws ch. 258D, § 7 Expungement or sealing of records; hearings

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Section 7. (A) Upon the entry of a judgment in favor of a claimant under this chapter and following a separate hearing on the matter, the court shall enter an order either directing the expungement or sealing of those records of the claimant maintained by the department of crimin…

Mass. Gen. Laws ch. 258D, § 8 Limitation on action

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Section 8. A claim for compensation brought under this chapter shall be commenced within 3 years after either the grant of a pardon or the grant of judicial relief and satisfaction of other conditions described in subsection (B) of section 1. Any action by the commonwealth challe…

Mass. Gen. Laws ch. 258D, § 9 Receipt of chapter

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Section 9. (A) A court granting judicial relief consistent with the criteria set forth in subclause (a) of clause (ii) of subsection (B) of section 1 shall provide a copy of this chapter to an individual seeking such relief at the time the criteria of said subclause (a) of said c…