Massachusetts Court Order Resolving an Action for Accounting

State:
Multi-State
Control #:
US-L0107D
Format:
Word; 
Rich Text
Instant download

Description

This is an order to resolve an action for accounting of a former partner's law firm. The order is the result of a motion filed by the defendant firm, and the defendant firm shall allow the plaintiff's accountant access to all records and documents necessary for the accounting.


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FAQ

Rule 5(b)(1)(A). Attorneys are required to include their business e-mail address on all pleadings (Rule 11(a)(1)) and all motions and other papers (Rule 7(b)(2)). Rule 7(b)(2) makes the provisions regarding signing and matters of form for pleadings set forth in Rule 11 applicable to motions and other papers.

A civil action is commenced by (1) mailing to the clerk of the proper court by certified or registered mail a complaint and an entry fee prescribed by law, (2) filing such complaint and an entry fee with such clerk, or (3) submitting the complaint to the court through the court's electronic filing system accompanied by ...

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.

(B) A party must serve an answer to a counterclaim or crossclaim within 21 days after being served with the pleading that states the counterclaim or crossclaim.

Rule 4(d)(1) allows process to be "left at [defendant's] last and usual place of abode," G.L. c. 223, §31. The Rule makes clear that service on a statutorily authorized agent may also require the giving of additional notice, and that the plaintiff must consult the statute and fulfill its requirements.

If a notice of appeal and filing fee are timely filed by a party, any other party may file a notice of appeal and filing fee within fourteen days of the date on which the first notice of appeal was filed, or within the time otherwise prescribed by this rule, whichever period last expires.

Rule 55(a) authorizes the entry of default when the opposing party has "failed to plead or otherwise defend".

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.

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Massachusetts Court Order Resolving an Action for Accounting