Mass. Gen. Laws ch. 231 – Pleading and Practice | Midpage

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Massachusetts General Laws

Chapter 231

Mass. Gen. Laws ch. 231

Pleading and Practice

6Assignee of claim assigned by executor or administrator, proceedings 6BInterest added to damages in tort actions 6CInterest added to damages in contract actions 6DDamages for pain and suffering in tort actions arising out of operation, etc., of motor vehicles; restrictions 6EDefinitions applicable to sections 6E to 6G 6FCosts, expenses and interest for insubstantial, frivolous or bad faith claims or defenses 6GAppeals; motions for expenses for insubstantial, frivolous or bad faith claims or defenses 6HInterest on damages 6IInterest rate; schedule 9Action to recover possession of real property 13AInvalidity of stipulation waiving service of process or authorizing confession of judgment; vacation of judgment 13BAd damnum or monetary amount claimed 21Pleading following answer in abatement 22Pleading the general issue; evidence 31Equitable defenses 35Reply avoiding defense in equity 39Real and mixed actions at issue in land court 42Endorsement of pleading or process before filing or entry; residence 43Late endorsement of pleading or process 44Endorsement when plaintiff removes from commonwealth 45Procuring new responsible endorser 47Dismissal on failure to obtain endorser 48Substitute endorser 51Amendments as to parties, process or pleading 52Amendment after demurrer 58ANotice of default to company issuing motor vehicle liability policy or bond; assessment of damages deferred 59AAdvancing action for speedy trial 59CRequest of either party 59DSpeedy trial of actions involving election laws 59ERequest of either party 59FSpeedy trial for persons sixty-five years of age or older 59GDismissal for failure to file a timely request for trial; vacation of judgment 59HStrategic litigation against public participation; special motion to dismiss 60BMalpractice actions against providers of health care; tribunal 60CMalpractice complaints; ad damnum prohibited 60DClaim by minor against provider of health care; limitations 60EMalpractice action; professional examination of claimant 60FAward of damages; elements and itemization of amounts 60GReduction of award of damages; collateral sources of benefits 60HLimitation of damages for pain and suffering 60IAttorney fees; limitations on contingency fees 60JNegligence actions for serving alcoholic beverages to minors or intoxicated persons; summary judgments 60KActions for malpractice, negligence, etc. against health care providers; damages; rate of interest 60LWritten notice requirement for actions against health care providers as defined in seventh paragraph of Sec. 60B; time for filing; exceptions; contents; provider's access to medical records; written response 61Filing interrogatories 62Answers to interrogatories 63Rules governing use of interrogatories 64Failure to answer or to amend or expunge answer 65Person answering interrogatories when corporation, municipal corporation, minor or incompetent is party 66Order for costs 67Non-disclosure of information not pertinent 68Inspecting documents 69Demand for admissions; answer to demand or refusal of admissions; costs 71Motions and interlocutory orders 72Agreements regarding amendments and trial procedure 81Charges as to facts, etc.82Designation of place of trial 83Interrupting examination of witnesses 84AConsolidation of actions involving same subject matter 85Comparative negligence; limited effect of contributory negligence as defense 85APrima facie evidence of owner's responsibility for operation of motor vehicle 85BAction for consequential damages; presumption of automobile owner's responsibility 85CAction to enforce liability policy or bond; presumption of insured's consent to operation of vehicle 85DImputing negligence of parent or custodian to infant 85EMotor vehicles; defenses in subrogation claims 85FImputation of negligence of operator of motor vehicle to passenger-owner 85GParents' liability for willful acts of minor children 85HLeased property; failure to return; conversion; presumption 85IEmergency care, etc. of injured persons by members of ski patrols; exemption from civil liability 85JFraud or deceit in sale of personal property; treble damages 85KLimitation of tort liability of certain charitable organizations; liability of directors, officers or trustees of educational institutions 85LRecovery of damages against operator of motor vehicle by guest; ordinary negligence 85MDisclaimers of liability by parking facilities not a defense and void 85NLiability of licensed members of certain professional societies and committees for damages resulting from official acts 85OContracts; age of legal capacity and liability in civil actions 85PAge of majority; legal capacity 85P 1/2Child performers; contracts; court approval 85QStandard of care owed children; maintenance of artificial condition upon land 85RBoat races or regattas; liability for injuries 85R 1/2Liability for damage to property as a result of shoplifting or attempted larceny; recovery 85SPhysical alteration or destruction of fine art 85TNegligence action for serving alcohol to intoxicated person prohibited; exceptions 85UDeath or injury to unlawful dwelling occupants; liability of lawful occupants 85VSports program volunteers' liability; definitions 85WOfficers and directors of charitable corporations; tort liability 85XLoss of consortium of a dependent child; cause of action 85YChild care facilities; liability of owner of property for injury or damage on premises 85ZConveyances without fair consideration by persons in contempt of an order or judgment for child support; civil action 85AALiability of registered rescue volunteers 85BBFalse claim of hours worked knowingly submitted by law enforcement officer 87Pleadings as evidence; effect 88Effect of unaccepted offer of judgment 89Use at trial of answers to interrogatories 91Effect of unproved defense of truth in action of slander or libel; proof of statements not contained in pleadings 91ARadio or television broadcast; liability of owner of station, etc.91BStatement relating to bank loan for purchase of goods or services as defense to claim for libel 92Truth as justification for libel 93Retraction of libel; mitigation of damages; punitive damages 94Evidence in mitigation of damages 94AProbable cause as defence in action for false arrest 94BFalse arrest; shoplifting; defrauding innkeepers; defenses 94CFalse arrest; theft of public records; defenses 95Defense to action on default judgment 96Relief from final judgment; vacation; effect of attachment 97Appeal to superior court 98Appeal bond 99Deposit in lieu of appeal bond 101Record on appeal to superior court; transmission 102Docket entries on taking appeal 102CTransfer of action from superior court; trial; decision; notice; judgment; retransfer; trial 103Waiver of jury trial and right of appeal in cases brought in district court 104Removal from district court to superior court 104AMultiple judgments specification for removal to superior court 106Deposit in lieu of removal bond 107Circumstances making removal bond unnecessary 108Appellate divisions of district courts; assignment and compensation of justices; procedure 109Appeal to appeals court from appellate division 110Powers of appellate division 111Report by single justice 112Report by single justice of supreme judicial court 112AAppellate proceedings upon report; application of Rules of Appellate Procedure 112BObjections to rulings or orders 113Appeal from final judgment of superior court, land court and housing courts 114Appeal from final judgment of single justice of supreme judicial court 115Disposition of judgment on appeal; stay of execution 116Protective orders pending appeal 117Temporary appellate relief from final judgments pending appeal 118Temporary appellate relief from interlocutory orders; appeals to appeals court or supreme judicial court 118AAppeal from interlocutory order for equitable relief 119Harmless error; disposition of judgment on appeal 124Determination of questions of law by full court on appeal 125Appellate court's powers of amendment; additional testimony 125AFurther report of material facts in equity and probate appeals 130Costs on refusal of new trial 132Error not affecting substantial rights; partial new trial 138Amendment of pleadings; notice and hearing requisite to bind certain persons; appeal 139Representation of corporate party by officer or agent 140AConclusiveness of consent judgment in automobile case 140BAdvance payments or settlements of claims by insurers; effect upon liability; admissibility as evidence; credit upon judgment; notice of limitations to claimant by insurer; accrual of cause of action 140CSettlement or partial payment by insurer as admission of liability 140C1/2Settlement of claim of minor or incompetent; judicial powers; petition for settlement approval