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Massachusetts Rules of Civil Procedure

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Massachusetts Rules of Civil Procedure Massachusetts Rules of Civil Procedure Massachusetts Trial Court Law Libraries including amendments effective November 1, 2019. Rules of Court Disclaimer The Trial Court Law Libraries make every effort to provide a current, accurate copy of the rules of court on this site. However, this is not an official source for the rules, and the libraries cannot be held responsible for any errors or omissions contained on these pages. If you are concerned about the timeliness or accuracy of a rule, please consult one of the print sources for Massachusetts Rules of Court, or contact your nearest Trial Court Law Library for assistance. https://www.mass.gov/lawlib Print sources for rules: Annotated Laws of Massachusetts: Court Rules, LexisNexis, annual. Massachusetts General Laws Annotated, v.43A-43C, West Group, updated annually with pocket parts. Massachusetts Rules of Court, West Group, annual. The Rules, Lawyers Weekly Publications, loose-leaf. This edition contains links to cases and statutes when there is a publicly available web version. In many instances, the 1973 Reporters Notes refer to statutes that have been repealed or rules that no longer exist. No links can be provided for these citations. Table of Contents Rules of Court Disclaimer .............................................................................................. 1 Rule 1: Scope of Rules .................................................................................................... 4 Rule 2: One Form of Action ........................................................................................... 6 Rule 3: Commencement of Action ................................................................................. 7 Rule 4: Process ................................................................................................................ 8 Rule 4.1: Attachment .................................................................................................... 14 Rule 4.2: Trustee Process .............................................................................................. 18 Rule 4.3: Arrest: Supplementary Process: Ne Exeat .................................................... 23 Rule 5: Service and Filing of Pleadings and Other Papers ........................................... 24 Rule 6: Time ................................................................................................................. 31 Rule 7: Pleadings Allowed: Form of Motions .............................................................. 33 Rule 8: General Rules of Pleading ................................................................................ 34 Rule 8.1: Special Requirements for Certain Consumer Debts ...................................... 40 Rule 9: Pleading Special Matters .................................................................................. 45 Rule 10: Form of Pleadings .......................................................................................... 51 Rule 11: Appearances and Pleadings ............................................................................ 53 Rule 12: Defenses and Objections - When and How Presented - By Pleading or Motion - Motion for Judgment on Pleadings ............................................................................. 56 Rule 13: Counterclaim and Cross-Claim ...................................................................... 62 Rule 14: Third-Party Practice ....................................................................................... 69 Rule 15: Amended and Supplemental Pleadings .......................................................... 71 Rule 16: Pre-Trial Procedure: Formulating Issues ........................................................ 75 Rule 17: Parties Plaintiff and Defendant: Capacity ...................................................... 77 Rule 18: Joinder of Claims and Remedies .................................................................... 78 Rule 19: Joinder of Persons Needed for Just Adjudication .......................................... 79 Rule 20: Permissive Joinder of Parties ......................................................................... 81 Rule 21: Misjoinder and Non-Joinder of Parties .......................................................... 82 Rule 22: Interpleader..................................................................................................... 83 Rule 23: Class Actions .................................................................................................. 84 Rule 23.1: Derivative Actions by Shareholders ............................................................ 88 Rule 23.2: Actions Relating to Unincorporated Associations ...................................... 91 Rule 24: Intervention .................................................................................................... 92 Rule 25: Substitution of Parties .................................................................................... 94 Rule 26: General Provisions Governing Discovery ...................................................... 96 Rule 27: Depositions Before Action or Pending Appeal ............................................ 116 Rule 28: Persons Before Whom Depositions May Be Taken ..................................... 118 Rule 29: Stipulations Regarding Discovery Procedure .............................................. 119 Rule 30: Depositions Upon Oral Examination ........................................................... 120 Rule 30A: Audiovisual Depositions & Audiovisual Evidence ................................... 127 Rule 31: Depositions of Witnesses Upon Written Questions ..................................... 137 Rule 32: Use of Depositions in Court Proceedings .................................................... 138 Rule 33: Interrogatories to Parties .............................................................................. 140 Rule 34: Producing Documents, Electronically Stored Information, and Tangible Things, or Entering Onto Land, for Inspection and Other Purposes .......................... 147 Rule 35: Physical and Mental Examination of Persons .............................................. 150 Rule 36: Requests for Admission ............................................................................... 151 Rule 37: Failure to Make Discovery: Sanctions ......................................................... 152 Rule 38: Jury Trial of Right ........................................................................................ 156 Rule 39: Trial by Jury or by the Court ........................................................................ 159 Rule 40: Assignment of Cases for Trial: Continuances .............................................. 161 Rule 41: Dismissal of Actions .................................................................................... 162 Rule 42: Consolidation: Separate Trials ..................................................................... 165 Rule 43: Evidence ....................................................................................................... 168 Rule 44: Proof of Official Records ............................................................................. 170 Rule 44.1: Determination of Foreign Law .................................................................. 171 Rule 45: Subpoena ...................................................................................................... 172 Rule 46: Exceptions Unnecessary ............................................................................... 183 Rule 47: Jurors ............................................................................................................ 184 Rule 48: Number of Jurors -- Majority Verdict .......................................................... 186 Rule 49: Special Verdicts and Interrogatories ............................................................ 187 Rule 50: Motion for a Directed Verdict and for Judgment Notwithstanding the Verdict ..................................................................................................................................... 190 Rule 51: Argument: Instructions to Jury ..................................................................... 193 Rule 52: Findings by the Court ................................................................................... 193 Rule 53: Masters ......................................................................................................... 198 Rule 54: Judgments: Costs .......................................................................................... 209 Rule 55: Default .......................................................................................................... 213 Rule 55.1: Special Requirements for Defaults and Default Judgments for Certain Consumer Debts .......................................................................................................... 220 Rule 56: Summary Judgment ...................................................................................... 223 Rule 57: Declaratory Judgment .................................................................................. 226 Rule 58: Entry of Judgment ........................................................................................ 226 Rule 59: New Trials: Amendment of Judgments ........................................................ 229 Rule 60: Relief from Judgment or Order .................................................................... 234 Rule 61: Harmless
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