Massachusetts Motion is a type of motion used in legal proceedings in the state of Massachusetts. It is a procedural tool used by a party to a lawsuit to ask the court to make a decision or take action on a specific issue. There are two types of Massachusetts Motion: pre-trial motions, which are requests made before the trial begins, and post-trial motions, which are requests made after the trial has concluded. Pre-trial motions can include motions to dismiss, motions for summary judgment, motions to strike, and motions to continue. Post-trial motions can include motions for a new trial, motions for judgment notwithstanding the verdict, or post-trial motions for relief from judgment.
Massachusetts Motion
State:
Massachusetts
Control #:
MA-SKU-0611
Format:
PDF
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Description
Motion
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FAQ
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.
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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.
Under Rule 55(b)(1) the plaintiff must request the clerk to enter the judgment by default and submit affidavits establishing the amount due and stating that the defendant is not an infant or an adjudged incompetent person. The section is also affected by the Soldiers' and Sailors' Civil Relief Act, 50 U.S.C.
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.
A party against whom a claim, counterclaim, or cross-claim is asserted or a declaratory judgment is sought may, at any time, move with or without supporting affidavits for a summary judgment in the party's favor as to all or any part thereof.
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.