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

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Multi-State
Control #:
US-PI-0271
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Word; 
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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.

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FAQ

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