General Laws of Massachusetts - Chapter 258D Compensation for Certain Erroneous Felony Convictions

• Massachusetts General Laws - Erroneous felony conviction claims; class of eligible persons; burden of proof; definitions; right to jury trial - Chapter 258D, 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...
• Massachusetts General Laws - Compensation for claimants - Chapter 258D, 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...
• Massachusetts General Laws - Jurisdiction - Chapter 258D, 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....
• Massachusetts General Laws - Service of process; notification; victim’s right to testify; evidence; arbitration and settlements. - Chapter 258D, 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...
• Massachusetts General Laws - Damages - Chapter 258D, 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...
• Massachusetts General Laws - Motion for costs; appeals - Chapter 258D, Section 6
  Any party to an action filed under this chapter is entitled to make a motion seeking costs, expenses and interest for wholly insubstantial, frivolous or...
• Massachusetts General Laws - Expungement or sealing of records; hearings - Chapter 258D, 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...
• Massachusetts General Laws - Limitation on action - Chapter 258D, Section 8
  A claim for compensation brought under this chapter shall be commenced within 2 years after either the grant of a pardon or the grant of...
• Massachusetts General Laws - Receipt of chapter - Chapter 258D, 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...

Last modified: September 11, 2015