Motion For Impoundment {FA-HA-8}

MOTION FOR IMPOUNDMENT & AFFIDAVIT G.L. c. 209A, § 8 or G.L. c. 258E, § 10 DOCKET NO. (for court use only) Massachusetts Trial Court Pursuant to G.L. c. 209A, § 8 or G.L. c. 258E, § 10, your residential and workplace addresses: · will automatically be kept from being disclosed to the public. · will automatically be kept from being disclosed to the defendant and the defendant's attorney unless those addresses appear in the court Order because you have requested that the defendant be ordered to remain away from your residence or workplace. · will be available to you, to your attorney, to those you authorize to have access, and to certain persons when access is necessary in the performance of their duties (prosecutors, law enforcement officers, victim-witness advocates, sexual assault counselors and, in G.L. c. 209A cases only, domestic violence counselors). If you have good reasons why your addresses should not be disclosed to those who would otherwise have access in the course of their duties, you may file this motion with the court requesting a judge to issue an Order of impoundment under Trial Court Uniform Rule VIII on Impoundment Procedure. If you have good reasons, you may also request a judge to impound other information in this case from public inspection. You must explain why there is good cause for a judge to do so. Usually a general preference for privacy is not alone a sufficient reason for a judge to impound court records from public inspection. If you are requesting an Order of impoundment without prior notice to the defendant and any other interested persons, you must explain why immediate and irreparable injury may otherwise result. 1. Pursuant to Trial Court Uniform Rule VIII, I request the Court to order: G G that my residential, workplace and/or school addresses and telephone numbers be impounded so that they are not disclosed to those persons who would otherwise have access in the course of their duties. that the following information in the case record be impounded and unavailable for public inspection: _____________________________________________________________________________________________ _____________________________________________________________________________________________. G I also request the Court to order such impoundment without prior notice to the defendant and any other interested persons, since immediate and irreparable injury may otherwise result. 2. This request is based on: ____________________________________________________________________________ _________________________________________________________________________________________________ _________________________________________________________________________________________________ _________________________________________________________________________________________________ _________________________________________________________________________________________________ _________________________________________________________________________________________________ If more space is needed, attach additional pages and check this box: G I declare under penalty of perjury that all statements of fact made above, and in any additional pages attached, are true. DATE SIGNED PLAINTIFF'S SIGNATURE x JUDGE'S ORDER ON MOTION FOR IMPOUNDMENT G G G Motion ALLOWED ex parte based on a showing of good cause and that immediate and irreparable injury may result before the defendant or any other interested party may be heard in opposition. Motion ALLOWED based on a showing of good cause, after hearing with notice to the defendant and any other interested party. Motion DENIED. JUDGE'S SIGNATURE DATE SIGNED x FA/HA-8 (5/10) American LegalNet, Inc. www.FormsWorkFlow.com EXCERPTS FROM TRIAL COURT RULE VIII UNIFORM RULES ON IMPOUNDMENT PROCEDURE Rule 1. Scope and Applicability of Rules. These rules govern impoundment in civil proceedings in every Department of the Trial Court. As used herein, "impoundment" shall mean the act of keeping some or all of the papers, documents, or exhibits, or portions thereof, in a case separate and unavailable for public inspection. It shall also be deemed to include the act of keeping dockets, indices, and other records unavailable for public inspection . . . . Except as otherwise provided in Rule 11, these rules shall be inapplicable to court papers, documents, exhibits, dockets, indices, and other records which are required to be impounded by statute, court rule, or standing order . . . . Rule 2. Motion for Impoundment. A request for impoundment shall be made by written motion which shall state the grounds therefor and shall include a written statement of reasons in support thereof. The motion shall describe with particularity the material sought to be impounded and the period of time for which impoundment is sought. A motion for impoundment shall be accompanied by affidavit in support thereof. Unless otherwise provided herein, the rules governing motions and affidavits in civil proceedings generally shall apply to requests for impoundment. An order of impoundment may be requested prior to the filing of the material sought to be impounded. Rule 3. Ex Parte Impoundment. An ex parte order of impoundment may be granted by the court without notice only upon written motion supported by affidavit in the manner provided in Rule 2 and only upon a showing that immediate and irreparable injury may result before a party or interested third person can be heard in opposition. An ex parte order of impoundment . . . shall expire by its terms within such time after entry, not to exceed ten days, as the court fixes, unless within the time so fixed, the court extends the order. If an order of impoundment is granted without notice, the matter shall be set down for hearing at the earliest possible time, and in any event within ten days. On two days' notice to the party who obtained the order of impoundment without notice or on such shorter notice as the court may prescribe, a party or interested third person may move for modification or termination. An ex parte order of impoundment may be requested prior to the filing of the material sought to be impounded. Rule 4. Notice. Service of the motion for impoundment and affidavit shall be made on all parties in accordance with . . . the Massachusetts Rules of Civil Procedure . . . . The court may, prior to hearing, order notice to be given to interested third persons who may not be parties to the action, including persons named in th