This is a Complaint pleading for use in litigation of the title matter. Adapt this form to comply with your facts and circumstances, and with your specific state law. Not recommended for use by non-attorneys.
Form Declaratory Judgment Complaint In Massachusetts
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To bring a claim for declaratory judgment in a situation where a patent dispute may exist or develop, the claimant must establish that an actual controversy exists. If there is a substantial controversy of sufficient immediacy and reality, the court will generally proceed with the declaratory-judgment action.
For successful service on a defendant who is a person, the sheriff or constable must personally hand a copy of the summons and complaint to the defendant, leave the copies at the defendant's last and usual place of abode (last known residence), or deliver the copies to an agent authorized to receive service of process ...
It may sometimes be necessary to get a declaratory judgment to clear the air regarding policy-related issues. A party typically files a petition or complaint with the court to obtain a declaratory judgment, asking for a declaration or ruling on the specific legal issue in question.
Who can serve my summons and complaint? Service of process must be completed by a person who is not a party in the lawsuit and who is over the age of eighteen. Service of process can be performed by the constable, sheriff, or a private process service.
“There is no statute of limitations applicable to declaratory actions; instead, the Court looks to the statute that applies to the underlying dispute.” See Connor v. DA, 34 Mass. L.
If a service of the summons and complaint is not made upon a defendant within 90 days after the filing of the complaint and the party on whose behalf such service was required cannot show good cause why such service was not made within that period, the action shall be dismissed as to that defendant without prejudice ...
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.
For successful service on a defendant who is a person, the sheriff or constable must personally hand a copy of the summons and complaint to the defendant, leave the copies at the defendant's last and usual place of abode (last known residence), or deliver the copies to an agent authorized to receive service of process ...
A declaratory judgment is a ruling of the court to clarify something (usually a contract provision) that is in dispute. A summary judgment is a ruling that a case or portion of a case must be dismissed because there are no triable issues of material fact in dispute.
A declaratory judgment is typically requested when a party is threatened with a lawsuit but the lawsuit has not yet been filed; or when a party or parties believe that their rights under law and/or contract might conflict; or as part of a counterclaim to prevent further lawsuits from the same plaintiff (for example, ...
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The filer may complete and file this Complaint form when language in a land record claims to forbid or restrict the transfer. The main thrust of Rule 57 is that actions for declaratory judgment are to be brought in accordance with the Rules.A petition for instructions takes a neutral position, a complaint for a declaratory judgment defines a controversy and then advocates for a specific resolution. This form is available on Westlaw. Easily search more than 600,000 legal forms to find the exact form you need. Enter judgment in favor of the Plaintiff on Count I of the Complaint; and. C. Order such other and further relief as the Court deems equitable and just. 15. Declaratory Judgment. The case against you and award the Plaintiff everything asked for in the complaint. This lawsuit seeks the production of records under the Massachusetts Public Records.