Legal Question in Appeals and Writs in Massachusetts

re-try the case

as a plaintiff at a trial by jury, i had

the evidence admitted to prove a

defendant breached a contract. i

sought to present the evidence on

the breach and did so. counsel for the

defendant elected to discredit me and

in cross examination, put in front of

the jury 8 unrelated suits with my

name on them. while the name was

the same, 7 of them were different

people. one was me, as i was a

beneficiary of my mother's estate

that had been sued. although the

judge would not allow it into

evidence, the jury was left to believe

this character assassination was true.

the judge did nothing to stop the

carnage. before

this episode, the jury seemed very

accepting of the evidence i put

forward of the breach. should the

judge, under normal circumstances,

have done something to stop

wrongful, unrelated character

assassination to prejudice the jury. is

there any motion i can file to re-try

the case.


Asked on 4/08/08, 1:38 pm

1 Answer from Attorneys

Re: re-try the case

If an objection to the questions on cross examination was filed at the time of trial and the court improperly admitted the evidence, you could appeal the decision of the judge. If the court ruled in your favor, you cannot appeal the court's ruling. If the substance of the trial was materially affected by a prejudicial act, you may still have grounds to file an Appeal in the Appellate Division of the Massachusetts Court provided the Notice of Appeal is timely filed. I recommend you consult with an Attorney concerning the merits of your case.

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Answered on 4/08/08, 2:16 pm


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