Massachusetts Pleading and Practice: Forms and Commentary

Covers all aspects of civil practice in the Massachusetts courts, with special emphasis on the Massachusetts Rules of Civil Procedure.
Publisher: Matthew Bender
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ISBN: 9781579116941
Publisher: Matthew Bender
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Book Edition: 36

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•  The set is organized numerically by Rule, and Rules are set out in their entirety
•  Corresponding forms and commentary are grouped together allowing all relevant forms and authorities to be found in one research step
•  The forms cover every aspect of legal practice, complaints, defenses, counterclaims, cross-claims, verdicts and more

Table of Contents


• VOLUME 1

• About the Authors

• Preface

• Rule 1 Scope of
• Rules

• Rule 2 One Form of Action

• Rule 3 Commencement of Action

• Rule 4 Process

• Rule 4.1 Attachment

• Rule 4.2 Trustee Process

• Rule 4.3 Arrest; Supplementary Process; Ne Exeat

• Rule 5 Service and Filing of Pleadings and Other Papers

• Rule 6 Time

• Rule 7 Pleadings Allowed: Form of Motions

• VOLUME 2

• Rule 8 General
• Rules of Pleading

• Part I: Pleading, generally

• Part II: Complaints

• Part III: Defenses

• VOLUME 3

• Rule 9 Pleading Special Matters

• Rule 10 (amendment effective as of May, 2010). Form of Pleadings

• Rule 11 Appearances and Pleadings

• Rule 12 Defenses and Objections-When and How Presented-By Pleading or Motion-
Motion for Judgment on the Pleadings

• Rule 13 Counterclaim and Cross-Claim

• Rule 14 Third-Party Practice

• Rule 15 Amended and Supplemental Pleadings

• Rule 16 Pretrial Procedure-Formulating Issues

• VOLUME 4

• Rule 17 Parties Plaintiff and Defendant-Capacity

• Rule 18 Joinder of Claims and Remedies

• Rule 19 Joinder of Persons Needed for Just Adjudication

• Rule 20 Permissive Joinder of Parties

• Rule 21 Misjoinder and Nonjoinder of Parties

• Rule 22 Interpleader

• Rule 23 Class Actions

• Rule 23.1 Derivative Action by Shareholders

• Rule 23.2 Actions Relating to Unincorporated Associations

• Rule 24 Intervention

• Rule 25 Substitution of Parties

• Rule 26 General Provisions Governing Discovery

• Rule 27 Depositions Before Action or Pending Appeal

• VOLUME 5

• Rule 28 Persons Before Whom Depositions May Be Taken

• Rule 29 Stipulations Regarding Discovery Procedure

• Rule 30 Depositions Upon Oral Examination

• Rule 30.1 Audio-Visual Depositions

• Rule 31 Depositions of Witnesses Upon Written Questions

• Rule 32 Use of Deposition in Court Proceedings

• Rule 33 Interrogatories to Parties

• Rule 34 Production of Documents and Things and Entry Upon Land for Inspection
and Other Purposes

• Rule 35 Physical and Mental Examination of Persons

• Rule 36 Request for Admission

• Rule 37 Failure to Make Discovery: Sanctions

• VOLUME 6

• Rule 38 Jury Trial of Right

• Rule 39 Trial by Jury or by the Court

• Rule 40 Assignment of Cases for Trial: Continuances

• Rule 41 Dismissal of Actions

• Rule 42 Consolidation; Separate Trials

• Rule 43 Evidence

• Rule 44 Proof of Official Records

• Rule 44.1 Determination of Foreign Law

• Rule 45 Subpoena

• Rule 46 Exceptions Unnecessary

• Rule 47 Jurors

• Rule 48 Juries of Less Than Twelve-Majority Verdict

• Rule 49 Special Verdicts and Interrogatories

• Rule 50 Motion for a Directed Verdict and for Judgment Notwithstanding the
Verdict

• Rule 51 Argument: Instructions to the Jury

• Rule 52 Findings by the Court

• Rule 53 Masters

• Rule 54 Judgment; Costs

• Rule 55 Default

• Rule 56 Summary Judgment

• VOLUME 7

• Rule 57 Declaratory Judgment

• Rule 58 Entry of Judgment

• Rule 59 New Trials; Amendment of Judgments

• Rule 60 Relief From Judgment or Order

• Rule 61 Harmless Error

• Rule 62 Stay of Proceedings to Enforce a Judgment

• Rule 63 Disability of a Judge

• Rule 64 Report of Case

• Rule 64 A Requests for Rulings of Law in District Court

• Rule 65 Injunctions

• Rule 65.1 Security; Proceeding Against Sureties

• Rule 65.2 Redelivery of Goods or Chattels

• Rule 65.3 Proceedings for Contempt

• Rule 66 Receivers

• Rule 67 Deposit in Court

• Rule 68 Offer of Judgment

• Rule 69 Execution

• Rule 70 Judgment for Specific Acts; Vesting Title

• Rule 71 Process in Behalf of and Against Persons Not Parties

• Rule 72 Probate Accounts

• Rules 73-76 [Reserved]

• Rule 77 Courts and Clerks

• Rule 78 Motion Day

• Rule 79 Books and Records Kept by the Clerk and Entries Therein

• Rule 80 Stenographic Report or Transcript

• Rule 81 Applicability of
• Rules

• Rule 82 Jurisdiction and Venue Unaffected

• Rule 83 Supplemental
• Rules

• Rule 84 Forms

• Rule 85 Title

• Index