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Massachusetts General Form of a Motion of Defendant and Notice to Plaintiff of Hearing on Motion

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A motion is an application to a judge or court requesting a specific order directing performance of an act for the benefit of the applicant. Generally, where there is a procedural defect in a proceeding, a motion is an appropriate remedy. However, it is usually used to obtain relief not available through other pleadings. An order is a direction by a judge or court that certain actions should or should not be performed, and is usually, although not always, made in response to a party's motion.


This form is a generic example that may be referred to when preparing such a form for your particular state. It is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.


The Massachusetts General Form of a Motion of Defendant and Notice to Plaintiff of Hearing on Motion is a legal document utilized in the state of Massachusetts during court proceedings. This form serves as a means for defendants to formally request action from the court and notify the plaintiff of an upcoming hearing related to the motion. It is crucial for individuals involved in legal matters within Massachusetts to understand the purpose and structure of this document. Keywords: Massachusetts General Form, Motion of Defendant, Notice to Plaintiff, Hearing on Motion, legal document, court proceedings, request action, notify, upcoming hearing, purpose, structure. Different Types of Massachusetts General Form of a Motion of Defendant and Notice to Plaintiff of Hearing on Motion: 1. General Form of a Motion of Defendant to Dismiss: This particular type of form is used when a defendant in a Massachusetts court seeks a dismissal of the case. The motion must provide valid legal reasons justifying the request for dismissal. 2. General Form of a Motion of Defendant for Summary Judgment: In situations where a defendant believes there are no genuine factual disputes and, as a result, the case should be resolved without a trial, this form is utilized. The motion will include arguments supporting the defendant's right to judgment based on the law and undisputed facts. 3. General Form of a Motion of Defendant for Continuance: If a defendant needs more time to prepare for a hearing or gather evidence, they can submit this form requesting a continuance. The motion must present valid reasons explaining the need for extra time and propose a new hearing date. 4. General Form of a Motion of Defendant for Change of Venue: In cases where a defendant believes that a fair trial cannot be held in their current venue due to pretrial publicity, bias, or other circumstances, this form is used. The motion should articulate the reasons for the requested change and suggest an alternative venue. 5. General Form of a Motion of Defendant for Discovery: When a defendant requires additional information or evidence from the plaintiff before proceeding with the case, they can file this form to request discovery. The motion must specify the exact documents, objects, or information being sought and support the relevancy of these materials to the defense. It is essential to consult with a legal professional when dealing with any specific type of Massachusetts General Form of a Motion of Defendant and Notice to Plaintiff of Hearing on Motion. This ensures accuracy, adherence to legal requirements, and the best chance for a favorable outcome in court proceedings.

The Massachusetts General Form of a Motion of Defendant and Notice to Plaintiff of Hearing on Motion is a legal document utilized in the state of Massachusetts during court proceedings. This form serves as a means for defendants to formally request action from the court and notify the plaintiff of an upcoming hearing related to the motion. It is crucial for individuals involved in legal matters within Massachusetts to understand the purpose and structure of this document. Keywords: Massachusetts General Form, Motion of Defendant, Notice to Plaintiff, Hearing on Motion, legal document, court proceedings, request action, notify, upcoming hearing, purpose, structure. Different Types of Massachusetts General Form of a Motion of Defendant and Notice to Plaintiff of Hearing on Motion: 1. General Form of a Motion of Defendant to Dismiss: This particular type of form is used when a defendant in a Massachusetts court seeks a dismissal of the case. The motion must provide valid legal reasons justifying the request for dismissal. 2. General Form of a Motion of Defendant for Summary Judgment: In situations where a defendant believes there are no genuine factual disputes and, as a result, the case should be resolved without a trial, this form is utilized. The motion will include arguments supporting the defendant's right to judgment based on the law and undisputed facts. 3. General Form of a Motion of Defendant for Continuance: If a defendant needs more time to prepare for a hearing or gather evidence, they can submit this form requesting a continuance. The motion must present valid reasons explaining the need for extra time and propose a new hearing date. 4. General Form of a Motion of Defendant for Change of Venue: In cases where a defendant believes that a fair trial cannot be held in their current venue due to pretrial publicity, bias, or other circumstances, this form is used. The motion should articulate the reasons for the requested change and suggest an alternative venue. 5. General Form of a Motion of Defendant for Discovery: When a defendant requires additional information or evidence from the plaintiff before proceeding with the case, they can file this form to request discovery. The motion must specify the exact documents, objects, or information being sought and support the relevancy of these materials to the defense. It is essential to consult with a legal professional when dealing with any specific type of Massachusetts General Form of a Motion of Defendant and Notice to Plaintiff of Hearing on Motion. This ensures accuracy, adherence to legal requirements, and the best chance for a favorable outcome in court proceedings.

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(b) Service - How made. - A pleading setting forth a counterclaim or cross claim shall be filed with the court and a copy thereof shall be served on the party against whom it is asserted or on the party's attorney of record as provided by this subsection. Rule 5. Service and filing of pleadings and other papers. North Carolina General Assembly (.gov) ? bysection ? gs_1a-1,_rule_5 North Carolina General Assembly (.gov) ? bysection ? gs_1a-1,_rule_5

55(b)(2), it shall submit affidavits and other supporting documentation, as necessary, in order to establish (a) that the defaulting party is not an infant, an incompetent person, or in the military service of the United States; (b) that the extent of the damages that were caused by the defaulting party; and (c) any ... INSTRUCTIONS CONCERNING DEFAULT JUDGMENT ... uscourts.gov ? worcester ? pdf ? guzman uscourts.gov ? worcester ? pdf ? guzman

A motion to the court must include the legal authority that supports the motion request. The moving party must explain how and why the law, case law, and/or court rule supports the request.

No Summons are issued in these types of cases. NOTE: Service of the SUMMONS and COMPLAINT on the defendant must be made within 90 days from the date the complaint was filed or the case will be subject to dismissal. STEP BY STEP - United States District Court for the District of Massachusetts uscourts.gov ? pdf ? StepByStepEnglish uscourts.gov ? pdf ? StepByStepEnglish

(e) Motion to alter or amend a judgment A motion to alter or amend the judgment shall be served not later than 10 days after entry of the judgment.

Rule 55(c) allows the court to set aside the entry of default for "good cause"; and may, for any of the grounds set forth in Rule 60(b), set aside a judgment by default.

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.

No party may reserve the right to make a later disclosure. A party who fails to comply substantially with the terms of this Rule shall not have the right to call an expert at trial, but the court in its discretion may permit that party to do so upon such additional terms, if any, that the court may require. Superior Court Rule 30B: Expert disclosures - Mass.gov mass.gov ? superior-court-rules ? superior-c... mass.gov ? superior-court-rules ? superior-c...

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This motion has been scheduled for hearing > before the Court on this date and time. > DATE OF HEARING. TIME OF HEARING. DATE. CLERK-MAGISTRATE OR DESIGNEE. FOR ... A moving party must serve with the motion, which shall contain a request for a hearing (if desired), (1) a separate memorandum stating the reasons, including ...A simple step by step guide to filing a civil action in the United States District Court for the District of Massachusetts. noticed hearing date, serve and file a certificate describing the status of the action ... file with the notice a motion for leave to appeal, the District. Court ... You will also need to complete a Declaration re Ex Parte Notice and file it with the court no later than 12:00 noon the court day before the hearing. Also, all. You must request a hearing if you want one. You can request it in your motion, opposition, reply, or by separate motion. If you are filing a separate motion you ... The motion must be made before filing a responsive pleading and must point out the defects complained of and the details desired. If the court orders a more ... (1) File a motion in the District Court where the case was (Use form DC-002) · You can file a motion to "alter or amend" the judgment in writing within ten (10) ... This page helps you file a civil case, and tells you about: Things to think about before you sue; What are Summons and Complaint? Where do I file my lawsuit ... 1:1-Applicability, Scope, Construction, Relaxation And Citation of Rules; 1:2-Conduct of Proceedings Generally; 1:3-Time; 1:4-Form and Execution of Papers ...

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Massachusetts General Form of a Motion of Defendant and Notice to Plaintiff of Hearing on Motion