Massachusetts Law Updates

Official Blog of the Massachusetts Trial Court Law Libraries

Category Archives: Civil Procedure

Words of caution for those filing civil suits Posted on Feb 18

Failure to state a claim can be the downfall of those who file a civil suit. When drafting a complaint in Massachusetts, the statement of claim(s) is an essential part of the complaint. Without a viable cause of action, a civil suit will be unable   …Continue Reading Words of caution for those filing civil suits

Preventing Trial by Ambush Posted on Jun 1

“To begin preparing for trial, both sides engage in discovery. This is the formal process of exchanging information between the parties about the witnesses and evidence they’ll present at trial. Discovery enables the parties to know before the trial begins what evidence may be presented.   …Continue Reading Preventing Trial by Ambush

How Much Time is Allowed for this Civil Action? Posted on Nov 28

Massachusetts Pleading and Practice: Forms and Commentary just added a Timetable section by Raymond P. Austrotas to volume 1. It includes practice commentary and cross references to the Massachusetts Rules of Civil Procedure and the Massachusetts Rules of Appellate Procedure. The Timetable has columns for   …Continue Reading How Much Time is Allowed for this Civil Action?

The importance of the civil action cover sheet Posted on Oct 21

A recent superior court decision has underlined the importance of a full and accurate reporting of the injuries on the Civil Action Cover Sheet.  The form requires a listing of expenses as well as a description of the injury, including the nature and extent. In Stankiewicz   …Continue Reading The importance of the civil action cover sheet

Filling out the Superior Court Civil Action Cover Sheet Posted on Jul 12

A Civil Action Cover Sheet must be filed in each civil case entered into Superior Court. Its purpose is to assist the Clerk’s office by providing basic contact information for the parties, as well as: (1) the category of case (e.g., contract/business cases, equitable remedies,   …Continue Reading Filling out the Superior Court Civil Action Cover Sheet

Pre -trial security for judgments Posted on Apr 12

Concerned whether you’ll be able to recover on your judgment after your trial is over and judgment issues? Here are some pre-trial security steps to consider: Massachusetts Rule of Civil Procedure 4.1A ttachment (a)Availability of Attachment. Subsequent to the commencement of any action under these   …Continue Reading Pre -trial security for judgments

Appealing a Speeding Ticket? Posted on Mar 12

Appealing a Speeding Ticket?

If you are appealing a speeding ticket (or other civil motor vehicle infraction), here are some links to help you “learn the ropes.” Law: Massachusetts General Laws Chapter 90, section 17 Speed limits. Massachusetts General Laws, Chapter 90, section 3. Civil motor vehicle infractions procedure, including   …Continue Reading Appealing a Speeding Ticket?

Superior Court Rule 9A road map Posted on Feb 13

Are you bringing a motion in a Superior Court Civil case? If so, in addition to the particular Massachusetts Rules of Civil Procedure governing your motion, you’ll want to be familiar with the requirements of the Superior Court Rules 9 Motions and Interlocutory Matters, 9A Civil Motions, 9B Certificates of   …Continue Reading Superior Court Rule 9A road map