Massachusetts Motion to Set Aside Submission and Reopen Case

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Multi-State
Control #:
US-02764BG
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Word; 
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This form is a generic sample of a motion to reopen a case based on newly discovered evidence.

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FAQ

Rule 55(b)(1) authorizes the clerk to enter a default judgment in certain limited circumstances. He shall do so upon plaintiff's request if: the claim against the defendant is for a sum certain or for a sum which by computation can be made certain; and. the default has been entered for failure to appear; and.

To ask a court to set aside (cancel) a court order or judgment, you have to file a ?request for order to set aside,? sometimes called a ?motion to set aside? or ?motion to vacate.? The terms ?set aside? or ?vacate? a court order basically mean to ?cancel? or undo that order to start over on a particular issue.

The trial judge may order two or more indictments or complaints to be tried together if the offenses and the defendants, if more than one, could have been joined in a single indictment or complaint. The procedure shall be the same as if the prosecution were under a single indictment or complaint.

Rule 50(a) provides for a motion for judgment as a matter of law (JMOL) which may be made at any time before submission of the case to the jury. This was previously known as a motion for a directed verdict.

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.

Federal Rule of Civil Procedure 9(b) creates a heightened pleading standard for fraud claims, and requires that lawyers plead circumstances of fraud with particularity. However, ?[m]alice, intent, knowledge, and other conditions of a person's mind may be alleged generally.? F.R.C.P.

9 (also simply Rule 9) was a city ordinance in Los Angeles, California, which made it illegal for performers to "impersonate by means of costume or dress a person of the opposite sex" without a special permit from the Los Angeles Board of Police Commissioners.

Massachusetts Superior Court Rule 9C: Settlement of Discovery Disputes. Counsel for each of the parties shall confer in advance of serving any motion under Mass.

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Massachusetts Motion to Set Aside Submission and Reopen Case