Massachusetts Motion is a type of motion to dismiss used by attorneys in the state of Massachusetts that is filed in response to a complaint. In Massachusetts, the motion is based on a Massachusetts Superior Court Rule 9(b), which states that a complaint should not be dismissed for failure to state a claim unless it appears beyond doubt that the plaintiff cannot prove any set of facts in support of the claim. The motion is typically used to challenge the sufficiency of the plaintiff's allegations in a complaint and to ask the court to dismiss the case without further proceedings. There are two types of Massachusetts Motion: a motion for judgment on the pleadings and a motion to dismiss. The motion for judgment on the pleadings is a motion that challenges the sufficiency of the complaint, while the motion to dismiss is a motion that challenges the legal grounds of the complaint. Both motions must be accompanied by a written memorandum of law and supporting documents.
Massachusetts Motion
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The Massachusetts Trial Court's Military Affidavit (Under 50 U.S.C. § 3931) is a standardized form used to indicate the military status of the party(ies) to a case. The form may be used in all case types where the filing of a Military Affidavit is appropriate.
To expedite its business, the court may provide by order for the submission and determination of motions without oral hearing upon brief written statements of reasons in support and opposition. The court may require the filing of briefs, in such form and within such time as it may direct.
Download. As amended through March 2, 2023. 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.
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Within 21 days after service of the Motion Papers, any party opposing the motion must serve on the moving party the original and one copy of the Opposition, and must serve on all other parties one copy of the Opposition.