Massachusetts Agreed Order Granting Additional Time to Plead
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FAQ
The service of a Rule 12 motion has the following effect on the timing of the pleadings: "(i) if the court denies the motion or postpones its disposition until the trial on the merits, the responsive pleading shall be served within 10 days after notice of the court's action; (ii) if the court grants a motion for a more ...
Failure to state a claim under Federal Rule of Civil Procedure 12(b)(6) is a 'judgment on the merits. '?). For this reason, a dismissal for failure to state a claim arguably should not be referred to as a dismissal at all, but rather should be called a motion for judgment on the complaint.
Rule 26(c), which substantially copies Federal Rule 26(c), provides the mechanism by which a person (whether party or not) from whom discovery is sought may obtain court relief in the event he believes he is being unfairly oppressed. Generally, the order will be sought in the court in which the action is pending.
The parties must cooperate in filing with the court a ?Rule 9A Package.? The Rule 9A Package consists of the original Motion Papers, the Opposition, and the Reply, any other papers for which leave of court is granted under Paragraph (a)(6), and any appendices or other papers permitted or required by this Rule, statute, ... Superior Court Rule 9A: Civil motions | Mass.gov mass.gov ? superior-court-rules ? superior-c... mass.gov ? superior-court-rules ? superior-c...
Rule 12(b)(6), permitting a motion to dismiss for failure of the complaint to state a claim on which relief can be granted, is substantially the same as the old demurrer for failure of a pleading to state a cause of action.
(a) General rule Counsel for each of the parties shall confer in advance of filing any motion, except motions governed by Rule 9A(d) and Standing Order 1-96, and make a good faith effort to narrow areas of disagreement to the fullest extent.
Rule 9(a), which abolishes any requirement that the pleadings aver the legal existence of a party or the capacity or authority of a party to sue or be sued, is based upon the assumption that in most cases the capacity, authority or legal existence of a party is not in issue; thus the pleadings should not be cluttered ... Civil Procedure Rule 9: Pleading special matters - Mass.gov mass.gov ? rules-of-civil-procedure ? civil-p... mass.gov ? rules-of-civil-procedure ? civil-p...
Rule 12(f) indicates explicitly that although the court may, sua sponte, clean up the pleadings (literally and figuratively) at any time, it may strike an insufficient defense only if the plaintiff takes the initiative.
FRCP Rule 12(b) pertains to pretrial motions, and 12(b)(6) specifically deals with motions to dismiss for failure to state a claim upon which relief can be granted. As a practical matter, Rule 12(b)(6) motions are rarely successful, and when they are, their success usually has more to do with the judge than the law.
Rule 9 is intended to address those situations in which a respondent may present a risk of flight or harm, given the fact that the respondent may be before the court unwillingly and may be suffering from the effects of alcohol or drugs resulting in unpredictable, aggressive, or violent behavior. Trial Court Rules - Rule 9: Security of respondent - Mass.gov mass.gov ? trial-court-rules ? rule-9-security... mass.gov ? trial-court-rules ? rule-9-security...