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INTERNAL PROTOTYPE — NOT LEGAL ADVICE — DO NOT SEND

Goes v. Feldman, 391 N.E.2d 943 (1979)

Citation
Goes v. Feldman, 391 N.E.2d 943 (1979)
Parent Document
Goes v. Feldman, 391 N.E.2d 943 (1979)
Jurisdiction
Massachusetts (state)
Effective Date
1979-07-11

Other Sections in This Document (46)

Full Text

592 chars
at 628, is a direction to look to the state of the proceedings on the effective date of the statute. If they have gone past the procedural stage to which the statute pertains, then there is no retroactive effect; if they have not, there may be retroactive effect. For example, if the statute alters a rule of evidence, it may apply retroactively if the evidentiary phase of the proceeding is open, but not if it is closed. Smith v. Freedman, 268 Mass. at 40-42 (shift in *89 burden of proof given retroactive effect). See also Porter v. Clerk of the Superior Court, 368 Mass. 116, 118 (1975).