This form is a sample memorandum by the plaintiff in support of plaintiff's motion for summary judgment on the issue of liability in a case involving an automobile accident.
Massachusetts Memorandum of Law in Support of Motion for Partial Summary Judgment on the Issue of Liability
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Multi-State
Control #:
US-PI-0053
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Word;
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How to fill out Memorandum Of Law In Support Of Motion For Partial Summary Judgment On The Issue Of Liability?
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FAQ
If a motion for summary judgment is filed before a responsive pleading is due from a party affected by the motion, the time for responding to the motion is 21 days after the responsive pleading is due.
A written motion, other than one which may be heard ex parte, and notice of the hearing thereof shall be served not later than seven (7) days before the time specified for the hearing, unless a different period is fixed by these rules or by order of the court.
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.
Entry of the judgment shall not be delayed for the taxing of costs. Attorneys shall submit forms of judgment upon direction of the court. (b)Upon Order of Supreme Judicial Court. The clerk shall enter any judgment specifically directed by the Supreme Judicial Court.
Rule 15(d) provides that the court, upon motion of a party, may allow the party to serve a supplemental pleading setting forth transactions, occurrences, or events postdating the pleading sought to be supplemented.
(a) Form of Motions and Oppositions Thereto. (1) Motions. A moving party shall serve with the motion a separate memorandum stating the reasons, including supporting authorities, why the motion should be granted and may include a request for a hearing.
Rule 56 - Summary Judgment (a)Motions for Summary Judgment. A party may move for summary judgment subsequent to the commencement of any proceeding under these rules except in actions for divorce or in actions for custody or visitation or for criminal contempt.
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.