This form is a Plaintiff's Initial Document Request usable by plaintiffs in cases with claims regarding licensing, patents, or commercial trade secrets.
Massachusetts Plaintiff Initial Document Request
State:
Multi-State
Control #:
US-TS11011D
Format:
Word;
PDF;
Rich Text
Instant download
Description
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How to fill out Plaintiff Initial Document Request?
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FAQ
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.
Rule 7 reflects the belief that extensive and complex pleadings are not desirable as a vehicle for the narrowing of issues in a case and that this function can be better performed by discovery and the use of the pretrial conference.
Now applies in the District Court. (1973): Rule 41(a) provides for voluntary dismissal. Under Rule 41(a)(1), the plaintiff may dismiss without order of court merely by filing a notice of dismissal prior to an answer or a motion for summary judgment.
Under Rule 5(b), service may be made by mailing the paper to the party or attorney at his last known address; if no address is known, the paper may be left with the clerk of court. Prior Massachusetts practice made no provision in cases where the address was unknown.
The third-party plaintiff need not obtain leave to make the service if he files the third-party complaint not later than 20 days after he serves his original answer. Otherwise he must obtain leave on motion upon notice to all parties to the action.
Rule 26(e)(1) requires supplementation of previously complete responses to discovery (either in a deposition or by interrogatories, or otherwise) in only certain limited respects: (a) the identity and location of persons having any knowledge of discoverable matters, provided the identity and location of such persons ...
Under Rule 34, the party seeking discovery need merely serve a request upon his opponent. Only if the opponent objects to the request must the discovering party obtain a court order.
It is important to note that a dismissal without prejudice does not toll the statute of limitations. Therefore, when a case gets dismissed without prejudice, it is treated as though it was never filed, and any case re-filed after the statute expires will be dismissed for another time.