The Massachusetts Motion For Judgment is a legal document that is filed when a party seeks a court-ordered judgment in their favor. It is used in civil cases, typically in Massachusetts state courts, when the parties have already agreed to the facts and the law but need the court to issue a judgment. The motion is usually filed after the parties have reached a settlement agreement or have submitted the case to the court for decision. There are two types of Massachusetts Motion For Judgment: Default Judgment and Motion For Judgment On The Pleadings. A Default Judgment is entered by the court when the defendant fails to respond to the plaintiff’s complaint within the prescribed time limit. A Motion For Judgment On The Pleadings is entered by the court when the facts and law involved in the case are not in dispute and the court can render a decision based on the pleadings submitted by the parties.
Massachusetts Motion For Judgment
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FAQ
A party may move for a more definite statement of a pleading to which a responsive pleading is allowed but which is so vague or ambiguous that the party cannot reasonably prepare a response. The motion must be made before filing a responsive pleading and must point out the defects complained of and the details desired.
Rule 12 - Defenses and Objections-When and How Presented-By Pleading or Motion-Motion for Judgment on Pleadings (a) When Presented. (1) After service upon him of any pleading requiring a responsive pleading, a party shall serve such responsive pleading within 20 days unless otherwise directed by order of the court.
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 59 - New Trials: Amendment of Judgments (a) Grounds. A new trial may be granted to all or any of the parties and on all or part of the issues for any of the reasons for which rehearings have heretofore been granted in suits in equity in the courts of the Commonwealth.
FRCP Rule 12(b) pertains to pretrial motions, and 12(b)(6) specifically deals with motions to dismiss for failure to state a claim upon which relief can be granted. As a practical matter, Rule 12(b)(6) motions are rarely successful, and when they are, their success usually has more to do with the judge than the law.
A motion for summary judgment must be accompanied by a statement of the material facts as to which the moving party contends there is no genuine issue to be tried, set forth in consecutively numbered paragraphs, with page or paragraph references to supporting pleadings, depositions, answers to interrogatories,
Filing any motion under Rule 12 "stops the clock" on the 20-day responding period. The clock resumes when the court either denies the motion or indicates a postponement of its decision until the trial.
Rule 12(c) motions?allowing a party to move, after the pleadings are closed, for judgment on the pleadings?are often overlooked. Practitioners, however, should consider and incorporate Rule 12(c) motions into their litigation strategies.