A Massachusetts Motion To Dismiss Complaint Pursuant To Service Members Civil Relief Act is a legal motion used in a state court in Massachusetts to dismiss a complaint against a service member of the United States Armed Forces if the service member is currently on active duty. This motion is typically filed on behalf of the service member by an attorney specializing in service member civil relief law, who is arguing that the service member's active military duty should prevent them from having to answer the complaint. The motion must include a sworn statement from the service member, or from someone with personal knowledge of the service member's active military duty status, that verifies the service member is on active duty and/or that the service member will be on active duty for the foreseeable future. The Motion To Dismiss must be filed before the service member's active duty status changes, and must include a copy of the service member's military orders. The types of Massachusetts Motion To Dismiss Complaint Pursuant To Service Members Civil Relief Act include: stay of proceedings, dismissal of the complaint, and postponement of the case until the service member's active duty status ends.
Massachusetts Motion To Dismiss Complaint Pursuant To Service Members Civil Relief Act
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No attorney shall be permitted to take part in the conduct of a trial in which he has been or intends to be a witness for his client, except by special leave of the court.
Rule 41(b)(2) provides for involuntary dismissal upon motion of the defendant on one of two grounds: (1) failure to comply with the rules or any order of the court; or (2) in an action tried without a jury, if, upon the facts and the law, the plaintiff has shown no right to relief.
These include dismissals for: (b)(1) a lack of subject-matter jurisdiction. (b)(2) a lack of personal jurisdiction. (b)(3) improper venue. (b)(4) insufficient process. (b)(5) insufficient service of process. (b)(6) failure to state a claim upon which relief can be granted. (b)(7) failure to join a party under Rule 19.
Rule 41(a)(1)(A)(i) permits voluntary dismissal by the plaintiff without leave of court by filing ?a notice of dismissal before the opposing party serves either an answer or a motion for summary judgment?? Id.
No discovery shall be allowed except upon good cause shown. Service of witness summonses shall be in ance with the Massachusetts Rules of Civil Procedure. Amended effective 1/1/2002. 2001 Amendment.
Rule 5. No service need be made on parties in default for failure to appear except that pleadings asserting new or additional claims for relief against them shall be served upon them in the manner provided for service of summons in Rule 4. A party appears when that party serves or files any document in the proceeding.
Rule 5(b) permits service to be made by delivering a copy to the attorney or party (if the party appears pro se), or by mailing one to him at his last known address; or if no such address is known, to the clerk of court. If a party has more than one attorney of record, service upon one of them suffices.
From the date of notice of the denial or indication, the moving party (the party obligated to respond to the pleading) has 10 days to serve his response unless the court orders otherwise. If the court grants the motion, the pleading is stricken (that is, the complaint is dismissed or the answer is stricken).
