Declaratory Statement With Join In Massachusetts
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FAQ
Rule 12(e) – Motion for a more definite statement: a) “If a pleading to which a responsive pleading is permitted is so vague or ambiguous that a party cannot reasonable be required to from a responsive pleading….” b) Δ's should use this strategically; do not use for legally deficient claims.
Rule 12(b)(6) is a provision under the Federal Rules of Civil Procedure that allows a defendant to seek dismissal of a complaint for failure to state a claim upon which relief can be granted.
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.
Motion to Dismiss for Failure to State a Claim Federal Rule of Civil Procedure 12(b)(6) permits a party to ask the court to dismiss a case for failure to state a claim upon which relief can be granted.
To bring a claim for declaratory judgment in a situation where a patent dispute may exist or develop, the claimant must establish that an actual controversy exists. If there is a substantial controversy of sufficient immediacy and reality, the court will generally proceed with the declaratory-judgment action.
Rule 12 - Pleas and Plea Agreements (a)Pleas In General. (1) Pleas That May Be Entered and by Whom. A defendant may plead not guilty, or guilty, or with the consent of the judge, nolo contendere, to any crime with which the defendant has been charged and over which the court has jurisdiction.
“There is no statute of limitations applicable to declaratory actions; instead, the Court looks to the statute that applies to the underlying dispute.” See Connor v. DA, 34 Mass. L.
R. Civ. Pro. 5.1 requires a party contesting the constitutionality of a federal statute to serve the Attorney General with notice of the action.
Under Rule 5(b), service may be made by mailing the paper to the party or attorney at his last known address; if no address is known, the paper may be left with the clerk of court. Prior Massachusetts practice made no provision in cases where the address was unknown. Notice must be written.
