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

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Multi-State
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US-01058BG
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Description

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.

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  • Preview General Form of a Motion of Defendant and Notice to Plaintiff of Hearing on Motion
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FAQ

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