Massachusetts Withdrawal of Appearance is a legal procedure that allows an attorney to withdraw from a case without the permission of the court or the other parties involved. This type of withdrawal is usually done when an attorney can no longer represent a client due to a conflict of interest, an inability to continue representing the client, or if the attorney must withdraw due to a personal or professional reason. There are two types of Massachusetts Withdrawal of Appearance: voluntary and involuntary. A voluntary withdrawal of appearance occurs when an attorney chooses to withdraw from a case without court approval. An involuntary withdrawal of appearance occurs when an attorney must withdraw from a case due to a court order. In both cases, the attorney must file a formal motion to withdraw and provide notice to the court and all parties involved.
Massachusetts Withdrawal of Appearance
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FAQ
Rule 41(b)(2) provides for involuntary dismissal upon motion of the defendant on one of two grounds: (1) failure to comply with the rules or any order of the court; or (2) in an action tried without a jury, if, upon the facts and the law, the plaintiff has shown no right to relief.
The trial judge upon motion in writing may grant a new trial at any time if it appears that justice may not have been done. Upon the motion the trial judge shall make such findings of fact as are necessary to resolve the defendant's allegations of error of law.
Under Rule 41(a)(1), the plaintiff may dismiss without order of court merely by filing a notice of dismissal prior to an answer or a motion for summary judgment. Thereafter dismissal by the plaintiff, without court order, requires the filing of a stipulation signed by all parties.
No one need submit to a physical examination except upon a court order granted only "for good cause shown".
The court, upon request of the parties, in any case where the parties agree in writing as to all the material facts, may report the case to the appeals court for determination without making any decision thereon.
Download. As amended through March 2, 2023. Rule 56 - Summary Judgment (a)Motions for Summary Judgment. A party may move for summary judgment subsequent to the commencement of any proceeding under these rules except in actions for divorce or in actions for custody or visitation or for criminal contempt.
Any person who is detained within the Commonwealth upon the unexecuted portion of a sentence imposed pursuant to a criminal proceeding is entitled to be tried upon any untried indictment or complaint pending against him in any court in this Commonwealth within the time prescribed by subdivision (b) of this rule.
Rule 11 - Appearances and Pleadings (a)Signing. Every pleading of a party represented by an attorney shall be signed in his individual name by at least one attorney who is admitted to practice in this Commonwealth. The address of each attorney, telephone number, and e-mail address if any shall be stated.