Massachusetts Complaint for Damages and Declaratory Judgment
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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.
Declaratory relief refers to a court's declaratory judgment stating the rights of parties without ordering any specific action or listing awards for damages.
Records. The clerk of the district court must keep records of criminal proceedings in the form prescribed by the Director of the Administrative Office of the United States Courts. The clerk must enter in the records every court order or judgment and the date of entry.
Rule 55(c) allows the court to set aside the entry of default for "good cause"; and may, for any of the grounds set forth in Rule 60(b), set aside a judgment by default.
Default. (a) Entry . When a party against whom a judgment for affirmative relief is sought has failed to plead or otherwise defend as provided by these rules and that fact is made to appear by affidavit or otherwise, the clerk shall enter the party's default.
Massachusetts Statutes of Limitations at a Glance Type of ClaimStatute of LimitationsPersonal Injury (Torts)Three YearsNegligenceThree YearsWrongful DeathThree YearsProduct LiabilityThree Years2 more rows ?
The court shall grant summary judgment if the movant shows that there is no genuine dispute as to any material fact and the movant is entitled to judgment as a matter of law. The court should state on the record the reasons for granting or denying the motion.
Declaratory Judgment. Within their respective jurisdictions, the Massachusetts Supreme Judicial Court (the ?SJC?), Superior Court and Probate Court (?Courts?) may make binding declarations of right, duty, status and other legal relations (?declaratory relief?) between the parties to an actual controversy.
