Legal Question in Family Law in Massachusetts

Re: Care and Protection

Yes, in a care and protection case, it is very

possible for the court to lose the tape of a hearing.

See http://www.massnews.com. The paper did a series on

the Probate & Family court losing the tape.

The district courts save the tapes only about a

year. Then they re-use them. So you must be

sure to order a copy of the tape soon after the

hearing.

After you get the tape, have it transcribed. Then

you'll have a copy.

Re: Care and Protection

I'm not sure I understand your question. Yes, it's

possible for a court to lose evidence which has

been admitted at trial. The court is a human inst

itution. The chance that this will happen, however,

is very small.

But your use of the word "sequester" is puzzling.

The word is usually used in reference to witnesses

who are kept out of the courtroom when other

witnesses are testifying. If you are asking how

you can preserve the evidence so it won't get lost,

there is no practical way to do this. But neither

will it be necessary in the vast majority of cases.

I hope this helps.

Bill St. James