This form brings together several boilerplate contract clauses that are generally found in contract agreements and puts them together into a cohesive example document. General provisions and alternatives are included regarding notice, amendments, severability, assignments, governing law, and many others.
Massachusetts Putting It All Together - General Provisions
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FAQ
Evidence that a defendant compromised or offered to compromise a claim arising from the same transaction with a third person not a party to the action is not admissible to prove the defendant's liability to the plaintiff.
"When a party introduces a portion of a statement or writing in evidence the doctrine of verbal completeness allows admission of other relevant portions of the same statement or writing which serve to 'clarify the context' of the admitted portion." Commonwealth v.
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.
Rule 12(f) indicates explicitly that although the court may, sua sponte, clean up the pleadings (literally and figuratively) at any time, it may strike an insufficient defense only if the plaintiff takes the initiative.
Choice of law clause, also known as a governing law clause, that allows the contract parties to choose the substantive law of Massachusetts to apply to the contract.
(under the common-law completeness doctrine, a party may wait until their own stage of presentation of proof and introduce the remainder of a statement, which was introduced in part by the other party, since there is no question as to the relevance of the remainder of the statement).
Section 404 - Character Evidence; Crimes or Other Acts (a)Character Evidence. (1)Prohibited Uses. Evidence of a person's character or a character trait is not admissible to prove that on a particular occasion the person acted in ance with the character or trait.
The court may exclude relevant evidence if its probative value is substantially outweighed by a danger of one or more of the following: unfair prejudice, confusing the issues, misleading the jury, undue delay, wasting time, or needlessly presenting cumulative evidence.