Massachusetts Sample Letter for Motion to Discharge
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How to fill out Sample Letter For Motion To Discharge?
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FAQ
Rule 6 of the Massachusetts Rules of Appellate Procedure provides for the filing of a motion asking the Appeals Court to temporarily "stay" or halt the execution of a lower court judgment or order pending the outcome of an appeal.
A "stay of execution" means that the court has postponed the eviction. When a tenant is evicted for reasons that were not the tenant's fault, a judge may grant a stay of execution for up to 6 months to give a tenant time to find a new place to live, or for other reasons.
In Massachusetts, a landlord must send a tenant a Notice to Quit before the landlord can file a summary process (eviction) action. The Notice to Quit is a legal document that formally notifies the tenant that the tenancy will be terminated on a specific date.
Tenancy at will The landlord or tenant can end a month-to-month tenancy-at-will by giving a written 30 days (minimum) notice to quit that must expire at the end of a rental period. Pay special attention if the notice to quit is given in February, which has less than 30 days.
You do this by contacting the Plaintiff or Plaintiff's Attorney by telephone and stating: ?I will be submitting a request to Stay the Execution of the Judgment twenty-four hours from the time of this call.?
When the date written on the execution order arrives, you must move out. If you do not, a sheriff or constable may remove your belongings and place them in storage, unless you give permission to have them put on the street.
In cases that the death penalty has been imposed, a stay of execution is often sought to defer the execution of the convicted person. That may occur if new evidence is discovered to exonerate the convicted person or in attempts to have the sentence commuted to life imprisonment.
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.
