Massachusetts Motion for Review of Certification
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How to fill out Motion For Review Of Certification?
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FAQ
B) Motions to dismiss under Rule 12(b)(6) are adjudications on the merits, and therefore should be granted with caution. 1. Summary judgment motions ask the court to examine the record and determine whether any material questions exist for a jury to decide.
All civil motions shall be governed, where applicable, by Superior Court Rules 9A through 9E. Any criminal motion must be in writing and filed before being placed upon a list for hearing, unless otherwise ordered by the court, or otherwise provided for under Superior Court Rule 61.
Under Rule 12(f), however, motions to strike are limited to addressing ?an insufficient defense or any redundant, immaterial, impertinent, or scandalous matter.? Because ?the Court must view the pleadings in a light most favorable to the pleading party,? a 12(f) motion to strike will rarely be granted.
Rule 12(b)(1) makes it clear that the defendant may tender a guilty plea, a nolo contendere plea, or, in District Court, an admission to sufficient facts, without entering into a plea agreement.
If a pleading sets out a claim for relief that does not require a responsive pleading, an opposing party may assert at trial any defense to that claim. No defense or objection is waived by joining it with one or more other defenses or objections in a responsive pleading or in a motion.
A Motion for Reconsideration shall be based on (1) newly discovered evidence that could not be discovered through the exercise of due diligence before the original motion was filed; (2) a change of relevant law; or (3) a particular and demonstrable error in the original ruling or decision.
Appellate Rule 11 implements the statutorily-authorized direct review by the Supreme Judicial Court of cases which would otherwise first be heard and determined in the Appeals Court; G.L. c. 211A, § 10. (For procedure subsequent to an Appeals Court decision, see Appellate Rule 27.1).
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.
