Massachusetts Civil Procedure Forms


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Affidavit Stating Facts on Information and Belief

This form is an affidavit in which the affiant is swearing to facts based on information and belief. This form is an affidavit in which the affiant is swearing to facts based on information and belief.

Civil Procedure Categories

We offer many different types of Civil Procedure forms. Some of them offered are listed by area below. For others, please use our search engine.

Civil Procedure Forms FAQ

What is civil procedure? 

Civil procedure is the body of law governing the methods and practices used in civil litigation. It can be enacted by the legislature or the courts. It can be the rules that are used in handling a civil case from the time the initial complaint is filed through the pretrial discovery, the trial and any subsequent appeal. In a nutshell, it can taken as the methods, procedures, and practices used in civil cases.

How do I know which rules apply to my case? 

State and federal courts have different procedure codes. Each state has its own rules of civil procedure which is set out in a separate code of civil procedure. Many of the state civil procedure codes are modeled on the Federal Rules of Civil Procedure. Generally, if the claim is brought in a state court, state procedural rules apply, and federal procedural rules apply to claims brought in federal court.

Certain types of claims are governed by a separate set of procedural rules. For example, bankruptcy claims are governed by Federal Rules of Bankruptcy Procedure, and appeals are governed by state or federal rules of appellate procedure. Specific courts may also have their own set of local court rules which must be followed, in addition to the applicable state or federal rules. The clerk of courts at a particular court may be asked to direct you to the local court rules.

What happens if I fail to follow a rule of civil procedure? 

Failure to follow the requirements of the applicable rules can result in the case being dismissed on procedural grounds. Such failure may also lead to rulings and denials which can harm your case, such as the exclusion of important evidence or the inability to file an important pleading in a case. A failure to comply with the rules may even lead to the imposition of attorney and court fees and sanctions.  

Top Questions about Massachusetts Civil Procedure Forms

  • What is Rule 4 of the Massachusetts Rules of Civil Procedure?

    Rule 4 concerns the process of serving legal documents in Massachusetts. It outlines the requirements for ensuring that defendants receive notice of the action against them, which is critical for the case to proceed. Properly completing the relevant Massachusetts Civil Procedure Forms is essential to adhere to Rule 4 and ensure compliance with service requirements. Understanding this rule can significantly impact the progress of your civil suit.

  • What is a good reason to ask for a continuance?

    A good reason to ask for a continuance includes needing additional time to prepare for trial due to new evidence or unforeseen circumstances. Other reasonable grounds might involve scheduling conflicts for your attorney or health issues. When presenting your request, leverage the Massachusetts Civil Procedure Forms to clearly communicate your needs to the court. This clarity will help facilitate a smoother process.

  • How do you write a continuance request?

    Writing a continuance request involves drafting a clear and concise motion that states the reason for the delay. Use the appropriate Massachusetts Civil Procedure Forms and provide all necessary details, including dates and the impact on the case. Be sure to include your contact information so the court can reach you. A well-structured request will help ensure a favorable review.

  • What is the Massachusetts Rule of Civil Procedure 17?

    The Massachusetts Rule of Civil Procedure 17 addresses the capacity to sue and be sued. It specifies who may represent parties in civil actions, including individuals, corporations, and governmental entities. Understanding this rule is crucial for ensuring that you file your case with the correct parties involved. Utilizing reliable Massachusetts Civil Procedure Forms can help streamline this process.

  • What is a good cause for a continuance in Massachusetts?

    A good cause for a continuance in Massachusetts might include the need for more time to gather evidence or the unavailability of a key witness. Other valid reasons include unexpected personal circumstances, such as illness or family emergencies. It is essential to articulate these reasons clearly in your motion for continuance using Massachusetts Civil Procedure Forms, so the judge understands your request.

  • How do I file a motion for continuance in Massachusetts?

    To file a motion for continuance in Massachusetts, first prepare the motion using appropriate Massachusetts Civil Procedure Forms. Clearly state the reasons for requesting the continuance and ensure you file it with the court where your case is pending. Don't forget to serve a copy to all other involved parties. Following these steps will help ensure your motion is considered.

  • What is the rule 60 of the Massachusetts Rules of Civil Procedure?

    The rule 60 of the Massachusetts Rules of Civil Procedure allows for relief from a judgement due to errors, new evidence, or fraud. This provides a path for correcting mistakes that could unfairly impact a party’s rights. It is essential to understand how to effectively utilize this rule, and Massachusetts Civil Procedure Forms can assist in this endeavor.

  • What is the Rule 60 in Massachusetts?

    In Massachusetts, the Rule 60 provides a mechanism for a party to seek relief from a final judgment or order. If you have new, compelling evidence or believe a mistake occurred, this rule allows you to request changes. Familiarizing yourself with Massachusetts Civil Procedure Forms will make this process smoother.

  • What is the Rule 60 of the Civil Procedure?

    The Rule 60 of the Civil Procedure involves seeking relief from a judgment based on significant new information or errors made during the original proceeding. It ensures that parties can rectify injustices caused by procedural errors or new evidence. Accessing Massachusetts Civil Procedure Forms can help you navigate this process.

  • What is the rule of civil procedure 62 in Massachusetts?

    Rule 62 establishes the stay of proceedings to enforce a judgment. It allows parties to avoid immediate enforcement actions while appeals or motions are pending. Understanding this rule can impact your case strategy, making Massachusetts Civil Procedure Forms a valuable resource.