Motion To Shorten Time For Service Massachusetts

State:
Alabama
Control #:
AL-1070A
Format:
Word; 
Rich Text
Instant download

Description

This sample Motion to Shorten Time may be used by a party to request that discovery response time be shortened due to an upcoming trial date. If response time is not shortened, the responses may be due after the trial has occurred.

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FAQ

Rule 12 - Defenses and Objections-When and How Presented-By Pleading or Motion-Motion for Judgment on Pleadings (a) When Presented. (1) After service upon him of any pleading requiring a responsive pleading, a party shall serve such responsive pleading within 20 days unless otherwise directed by order of the court.

Unless another form is elsewhere prescribed by these rules, an application for an order or other relief shall be made by filing a motion for such order or relief with proof of service on all other parties.

Rule 12(c) is designed to cover the rare case where the answer admits all the material allegations of the complaint (or the reply admits all the allegations of the counterclaim) so that no material issue of fact remains for adjudication. The standard for evaluating a motion for judgment on the pleadings under Mass.

For defendants, Rule 12(c) requires that every defense to a claim for relief in any pleading be asserted in the responsive pleading.22 Therefore, if an early decision is made to file a Rule 12(b) motion to dismiss, counsel must include all compelling arguments so as to avoid any possibility of waiver or equitable ...

This motion requires the law be on the moving party's side ?thus the ?entitled to judgment as a matter of law? part, showing that the facts, applied to the law, support a finding in favor of the moving party. Filing for summary judgment can also be used a tactical decision by a Massachusetts personal injury attorney.

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Motion To Shorten Time For Service Massachusetts