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Massachusetts Plaintiff's Motion for Partial Summary Judgment - Personal Injury

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This form is a sample plaintiff's motion for partial summary judgment on the issue of liability in personal injury case involving an automobile accident.

A Massachusetts Plaintiff's Motion for Partial Summary Judgment in a personal injury case is a legal document filed by the injured party (plaintiff) in a civil lawsuit seeking a resolution of certain issues without going to trial. This motion is typically filed when there is a clear and undisputed legal issue requiring the court's immediate attention. It aims to obtain a favorable ruling from the court on specific claims, often narrowing down the areas of dispute and expediting the litigation process. Keywords: Massachusetts, plaintiff's motion, partial summary judgment, personal injury, legal document, civil lawsuit, undisputed legal issue, court's immediate attention, favorable ruling, specific claims, areas of dispute, litigation process, resolution, trial. Different types of Massachusetts Plaintiff's Motion for Partial Summary Judgment — Personal Injury may include: 1. Causation-based motion: In personal injury cases, establishing causation can be crucial. This type of motion seeks to obtain partial summary judgment on the issue of causation, requesting the court to rule that the defendant's actions directly caused the plaintiff's injuries. 2. Liability-based motion: This category of motion focuses on proving liability or fault of the defendant. It requests the court to grant partial summary judgment on the issue of liability, aiming to establish the defendant's responsibility for the plaintiff's injuries. 3. Damages-based motion: When there is no dispute regarding liability, the focus may shift to quantifying the damages suffered by the plaintiff. This motion seeks partial summary judgment exclusively on the issue of damages, aiming to obtain a ruling from the court determining the extent of compensation the plaintiff is entitled to receive. 4. Negligence-based motion: In personal injury cases arising from negligence, this type of motion targets proving the negligence of the defendant. It requests partial summary judgment on the issue of negligence, seeking a ruling that the defendant breached their duty of care and that this breach directly caused the plaintiff's injuries. 5. Vicarious liability-based motion: In cases involving employers and employees, this motion aims to establish vicarious liability for the employer. It requests partial summary judgment to demonstrate that the employee's actions were within the scope of their employment, making the employer liable for the plaintiff's injuries. By strategically filing a Massachusetts Plaintiff's Motion for Partial Summary Judgment — Personal Injury, the plaintiff seeks to streamline the litigation process and potentially gain a significant advantage by obtaining favorable rulings on specific issues. This can reduce the scope of the trial and increase the chances of a successful outcome for the plaintiff.

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Any person who is imprisoned or whose liberty is restrained pursuant to a criminal conviction may at any time, as of right, file a written motion requesting the trial judge to release him or her or to correct the sentence then being served upon the ground that the confinement or restraint was imposed in violation of ...

The court shall grant summary judgment if the movant shows that there is no genuine dispute as to any material fact and the movant is entitled to judgment as a matter of law. The court should state on the record the reasons for granting or denying the motion.

What Is a Partial Summary Judgement? In some cases, the court may grant a motion for partial summary judgment. The purpose of partial summary judgment is to simplify a trial by ruling on some claims, but not all. For example, the court might rule on some factual issues but leave others for trial.

The first part of rule 30 governs when a deposition can be taken. It basically says that a party can depose any person or party via oral questions without leave of court except as provided in rule 30(a). Part (2) goes on to say that a deponent's attendance can be compelled by subpoena, under rule 45.

Rule 29(a)(1), Illegal Sentences, provides that, within 60 days after a trial judge imposes a sentence, either the Commonwealth or the judge may move to revise or revoke that sentence if any part of the sentence is illegal.

Except as otherwise provided by special or standing order, interrogatories may be served within one year after the entry of an action or within such further time as the court may allow.

Rule 30 - Depositions upon Oral Examination (a)When Depositions May Be Taken. After commencement of the action, any party may take the testimony of any person, including a party, by deposition upon oral examination.

After a nonjury trial, the court may, on motion for a new trial, open the judgment if one has been entered, take additional testimony, amend findings of fact and conclusions of law or make new ones, and direct the entry of a new judgment. (b) Time to File a Motion for a New Trial.

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A Motion for Summary Judgment can be filed by any party in a lawsuit (defendant or plaintiff) who wants the Court to enter a final judgment on all or some of ... Motion for Summary Judgment for Breach of Contract Explained for Debt ... File a Civil Complaint - Initial Steps to Commence an Action. Stacey ...May 1, 2002 — Faced with a summary judgment motion supported by affidavits or the like, an opponent may not rely solely upon the allegations of his pleadings. Jul 31, 2018 — Each attorney or self-represented party filing motion or opposition papers must include his or her email address on the papers, or certify in ... Jan 31, 2003 — 56, hereby move for partial summary judgment in their favor and against Plaintiffs, with regard to the effect of the statute of limitations or ... Dec 28, 2020 — The summons must contain the name of the court and the names of the parties, be directed to the defendant, state the name and address of the ... Aug 8, 2019 — In their timely renewed motion for partial summary judgment, Doc. No. 74, the plaintiffs seek summary judgment on Count I of the Amended ... Feb 22, 2023 — MOTION FOR [PARTIAL] SUMMARY JUDGMENT​​ [PARTY]'s motion is supported by the following accompanying documents: [PARTY]'s Memorandum in Support of ... Nov 9, 2012 — “Plaintiff's Motion for Partial Summary Judgment as to Liability and as to Lack of. Contributory Negligence of Plaintiff Benjamin Hatcher. Under Rule 56, in order to succeed in a motion for summary judgment, a movant must show 1) that there is no genuine dispute as to any material fact, and 2) that ...

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Massachusetts Plaintiff's Motion for Partial Summary Judgment - Personal Injury