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defendant trying to find to vacate a civil judgment in light of an invalidated felony conviction will have to move individually for reduction from that judgment under Mass. R. Civ. P. sixty (b), 365 Mass. 828 (1974), which permits relief in conditions exactly where "a prior judgment upon which [an get] relies is reversed or otherwise vacated." The place a defendant moves for such reduction, the movement judge should figure out whether the civil judgment can stand Regardless of the invalidation with the legal conviction. In distinction having a felony conviction, which involves proof over and above an affordable question, [Take note 10] a civil judgment needs proof only by a preponderance of your evidence, see Baker v. Parsons, 434 Mass. 543, 554 n.18 (2001), Which proof may very well be obtained through evidence separate and besides the fact of conviction. In reality, less than Massachusetts law, a civil judgment could possibly be received through collateral estoppel (generally known as difficulty preclusion) depending on a felony conviction only exactly where the defendant has long been located guilty at trial; admissions produced by a defendant all through a responsible plea colloquy don't result in collateral estoppel, Though They might be admitted in evidence in the civil scenario.

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