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212, §3 or in the District Court as set forth in G.
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(10) Improper amount of damages in the Superior Court as set forth in G.
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(9) Pendency of a prior action in a court of the Commonwealth (7) Failure to join a party under Rule 19 (6) Failure to state a claim upon which relief can be granted. (2) Lack of jurisdiction over the person (1) Lack of jurisdiction over the subject matter Rule 82: Jurisdiction and venue unaffectedĮvery defense, in law or fact, to a claim for relief in any pleading, whether a claim, counterclaim, cross-claim, or third-party claim, shall be asserted in the responsive pleading thereto if one is required, except that the following defenses may at the option of the pleader be made by motion:.Rule 80: Stenographic report or transcript.Rule 79: Books and records kept by the clerk and entries therein.Rule 71: Process in behalf of and against persons not parties.Rule 70: Judgment for specific acts: Vesting title.Rule 65.3: Proceedings for civil contempt.Rule 65.2: Redelivery of goods or chattels.Rule 65.1: Security: Proceedings against security provider.Provisional and final remedies and special procedures Rule 63: Unavailability of a judge receipt of verdict (effective April 1, 2024).Rule 63: Disability of a judge (effective until April 1, 2024).Rule 62: Stay of proceedings to enforce a judgment.Rule 59: New trials: Amendment of judgments.Rule 55.1: Special requirements for defaults and default judgments for certain consumer debts.
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Rule 51: Argument: Instructions to jury.Rule 50: Motion for a directed verdict and for judgment notwithstanding the verdict.Rule 49: Special verdicts and interrogatories.Rule 48: Number of jurors - Majority verdict.Rule 44.1: Determination of foreign law.Rule 42: Consolidation: Separate trials.Rule 40: Assignment of cases for trial: Continuances.Rule 37: Failure to make discovery: Sanctions.Rule 35: Physical and mental examination of persons.Rule 34: Producing documents, electronically stored information, and tangible things, or entering onto land, for inspection and other purposes.Rule 32: Use of depositions in court proceedings.Rule 31: Depositions of witnesses upon written questions.Rule 30: Depositions upon oral examination.Rule 29: Stipulations regarding discovery procedure.Rule 28: Persons before whom depositions may be taken.Rule 27: Depositions before action or pending appeal.Rule 26: General provisions governing discovery.Rule 23.2: Actions relating to unincorporated associations.Rule 23.1: Derivative actions by shareholders.Rule 21: Misjoinder and non-joinder of parties.Rule 19: Joinder of persons needed for just adjudication.Rule 18: Joinder of claims and remedies.Rule 17: Parties plaintiff and defendant: Capacity.Rule 16: Pre-trial procedure: Formulating issues.Rule 15: Amended and supplemental pleadings.Rule 8.1: Special requirements for certain consumer debts.Rule 7: Pleadings allowed: Form of motions.Rule 5: Service and filing of pleadings and other papers.Rule 4.3: Arrest: Supplementary process: Ne exeat.Commencement of action service of process, pleadings, motions and orders All 7 sub-sections of 12(b) may be used as grounds for a motion for dismissal.For the law library, Massachusetts Rules of Civil Procedure FRCP 12 is often invoked when filing a motion to dismiss.FRCP41(b) allows for an involuntary dismissal to be filed by the defendant.įRCP 68 contains the guidelines for a settlement offer. FRCP 41(a) allows for voluntary dismissal, which can be filed by the plaintiff, with or without a court order.Settlement: Approximately 95% of civil cases reach settlements at some stage (can be before, after, or during the trial).įederal Rules of Civil Procedure (FRCP): The Federal Rules of Civil Procedure contains the guidelines for a motion to dismiss. The reasons for a dismissal vary greatly. A motion to dismiss is a formal request for a court to dismiss a case.