This is a multi-state form covering the subject matter of the title.
Massachusetts Motion for Leave to File Third Party Complaint
State:
Multi-State
Control #:
US-MOT-01411
Format:
Word;
Rich Text
Instant download
Description
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How to fill out Motion For Leave To File Third Party Complaint?
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FAQ
Rule 12 - Defenses and Objections-when and How Presented-by Pleading or Motion (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.
Rule 12(f) indicates explicitly that although the court may, sua sponte, clean up the pleadings (literally and figuratively) at any time, it may strike an insufficient defense only if the plaintiff takes the initiative.
Rule 7 reflects the belief that extensive and complex pleadings are not desirable as a vehicle for the narrowing of issues in a case and that this function can be better performed by discovery and the use of the pretrial conference.
If a pleading sets out a claim for relief that does not require a responsive pleading, an opposing party may assert at trial any defense to that claim. No defense or objection is waived by joining it with one or more other defenses or objections in a responsive pleading or in a motion.
For successful service on the Commonwealth of Massachusetts, you may have the sheriff or constable deliver a copy of the summons and complaint to the Boston office of the Attorney General, or you may mail the copies to the Attorney General by certified or registered mail.
Rule 15(d) provides that the court, upon motion of a party, may allow the party to serve a supplemental pleading setting forth transactions, occurrences, or events postdating the pleading sought to be supplemented.
Third Party Action means any claim or action made by a Third Party against a Party that claims that a Licensed Product, or its use, Development, manufacture or sale infringes such Third Party's intellectual property rights.
After the plaintiff, in an action tried by the court without a jury, has completed the presentation of his evidence, the defendant, without waiving his right to offer evidence in the event the motion is not granted, may move for a dismissal on the ground that upon the facts and the law the plaintiff has shown no right ...