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Default Prove Up Hearing With Motion In Massachusetts
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FAQ
You cannot “respond” to a default judgment in the same manner you might respond to a complaint in a civil case. A “judgment” means it's over . . . the other side won and can now start looking for your assets to collect on the judgment. A “default judgment” means that the other side won without a fight.
Any judgment in a summary process action, except a default judgment, may be appealed by an aggrieved party in ance with the provisions of law.
A motion hearing is a formal court procedure where you and your attorney ask the court to make a decision on something related to your trial. Basically, if something unlawful or inadmissible happens during your trial, your attorney will file a motion. After filing, the hearing itself has to happen.
This is the hearing where you would have to prove the damages you are claiming, including any special damages (wage loss, medical expenses, etc.) and general damages (emotional disstres and pain and suffering). In some ways, this hearing is just like trial testimony.
up hearing in Texas is a court proceeding where the plaintiff presents evidence to prove their case, usually in uncontested matters or when seeking a default judgment.
Appealing civil cases from Superior Court File a notice of appeal in the Superior Court Clerk's Office within 30 days of the entry of the judgment or final order on the docket of the Superior Court. The appeal is to the Massachusetts Appeals Court.
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.
Rule 56 - Summary Judgment (a)Motions for Summary Judgment. A party may move for summary judgment subsequent to the commencement of any proceeding under these rules except in actions for divorce or in actions for custody or visitation or for criminal contempt.
In the state of Massachusetts, if more than twelve months have gone by since you were arraigned, and you still have not had a trial, you are entitled to a dismissal of the charges upon filing that rule 36 motion to dismiss.