A Massachusetts Motion For General Default is a legal motion filed in Massachusetts state court to enter a default judgment against a defendant in a civil lawsuit. The motion is used when the defendant has failed to file an answer to the complaint. In order to be granted a default judgment, the plaintiff must demonstrate that the defendant was properly served the complaint, and that the defendant has failed to respond to it. There are two types of Massachusetts Motion For General Default: "Motion for Default Judgment (non-jury)" and "Motion for Default Judgment (jury)". The former is used in cases where a jury trial is not requested by either party, while the latter is used in cases where a jury trial is requested. The motion must include a statement of facts showing that the defendant has been served, and has failed to respond to the complaint. The plaintiff must also provide evidence of damages or other relief requested in the complaint.
Massachusetts Motion For General Default
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How to fill out Massachusetts Motion For General Default?
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FAQ
A notice of default is a public notice that gets filed with a court. The notice of default declares the mortgage borrower is in default on their loan. The lender files a notice of default when the mortgage payments get behind by the borrower. A notice of default is typically the first step towards foreclosure.
Under Rule 55(b)(1) the plaintiff must request the clerk to enter the judgment by default and submit affidavits establishing the amount due and stating that the defendant is not an infant or an adjudged incompetent person.
Rule 41(a)(1)(A)(i) permits voluntary dismissal by the plaintiff without leave of court by filing ?a notice of dismissal before the opposing party serves either an answer or a motion for summary judgment?? Id.
No attorney shall be permitted to take part in the conduct of a trial in which he has been or intends to be a witness for his client, except by special leave of the court.
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.
These include dismissals for: (b)(1) a lack of subject-matter jurisdiction. (b)(2) a lack of personal jurisdiction. (b)(3) improper venue. (b)(4) insufficient process. (b)(5) insufficient service of process. (b)(6) failure to state a claim upon which relief can be granted. (b)(7) failure to join a party under Rule 19.
A motion for default judgment is an official court document filed by a creditor or debt collector (known as the plaintiff to the case), notifying the court that the person being sued (known as the defendant) never responded to the case Summons and Complaint.
From the date of notice of the denial or indication, the moving party (the party obligated to respond to the pleading) has 10 days to serve his response unless the court orders otherwise. If the court grants the motion, the pleading is stricken (that is, the complaint is dismissed or the answer is stricken).