reglab/statecodes huggingface dataset:
2023 Massachusetts General Laws › Part III - Courts, Judicial Officers and Proceedings in Civil Cases › Title II - Actions and Proceedings Therein › Chapter 231 - Pleading and Practice › Section 106 - Deposit in Lieu of Removal Bond

Section 106. Any party, in lieu of filing the bond required in section one hundred and four, may deposit with the clerk the sum of one hundred dollars. A certificate of such deposit shall be issued to the depositor by the clerk, and the deposit shall be transmitted by him, with the papers, to the clerk of the superior court, who shall receipt therefor and hold said deposit until the final disposition of the case, when he shall apply the same to the satisfaction of any costs awarded against the depositor, and pay the balance, if any, to the depositor or his legal representatives.
2023 Massachusetts General Laws › Part III - Courts, Judicial Officers and Proceedings in Civil Cases › Title II - Actions and Proceedings Therein › Chapter 231 - Pleading and Practice › Section 107 - Circumstances Making Removal Bond Unnecessary

Section 107. No bond or deposit under section one hundred and four or one hundred and six shall be required of the commonwealth or any officer or employee thereof represented by the attorney general, or of a county, city, town or other municipal corporation, or of a board, officer or employee thereof represented by the city solicitor, town counsel or other officer having similar duties, or of a political subdivision, or of a party who has given bond according to law to dissolve an attachment or of a defendant in an action of tort arising out of the ownership, operation, maintenance, control or use of a motor vehicle or trailer as defined in section one of chapter ninety if the payment of any judgment for costs which may be entered against him is secured, in whole or in part, by a motor vehicle liability bond or policy or a deposit as provided in section thirty-four D of chapter ninety; and the court may in any case, for cause shown, after notice to adverse parties, order that no bond be given. Said district court may, upon cause shown and after notice to all adverse parties, permit such removal to the superior court, upon the terms above specified, at any time prior to final judgment.
2023 Massachusetts General Laws › Part III - Courts, Judicial Officers and Proceedings in Civil Cases › Title II - Actions and Proceedings Therein › Chapter 231 - Pleading and Practice › Section 109 - Appeal to Appeals Court From Appellate Division

Section 109. An appeal to the appeals court shall lie from the final decision of the appellate division of any division of the district court department including appeals taken hereunder from the appellate division of the Boston municipal court department. Claims of appeal shall be filed in the office of the clerk of the district court within thirty days after notice of the decision of the appellate division. The appeal shall not remove the cause, but only the question or questions to be determined. The completion of such appeal shall be in accordance with the Massachusetts Rules of Appellate Procedure. The expense of the preparation of the necessary papers and copies of papers and their transmission, and the entry fee in the appeals court, shall be taxed in the bill of costs of the prevailing party, if he has paid it.
2023 Massachusetts General Laws › Part III - Courts, Judicial Officers and Proceedings in Civil Cases › Title II - Actions and Proceedings Therein › Chapter 231 - Pleading and Practice › Section 110 - Powers of Appellate Division

Section 110. The appellate division of each district court shall have the powers of amendment of the trial court; shall have discretionary power to take further testimony and to render a decision based on such testimony; to decide issues of fact dependent upon issues of law or to direct a trial of such fact issues by a justice of the district court; to draw inferences from cases stated by agreement of the parties; and to render decision according to the justice of the case.
No new trial shall be granted in any civil action or proceeding in any district court on the ground of improper admission or rejection of evidence, or for any error as to any matter of pleading or procedure if the appellate division deems that the error complained of has not injuriously affected the substantial rights of the parties; and, if it appears to the appellate division that said error affects part only of the matter in controversy or some or only one of the parties, the court may direct final judgment as to part thereof, or some or one only of the parties, and may direct a new trial as to the other part only or as to the other parties.
2023 Massachusetts General Laws › Part III - Courts, Judicial Officers and Proceedings in Civil Cases › Title II - Actions and Proceedings Therein › Chapter 231 - Pleading and Practice › Section 111 - Report by Single Justice

Section 111. A justice of the superior or land court or the judge of the housing court of the city of Boston, the western division of the housing court department, the northeastern division of the housing court department, the southeastern division of the housing court depart mentor the housing court of the county of Worcester, after verdict or after a finding of the facts by the court, may report the case for determination by the appeals court.
If a justice of the superior court is of the opinion that an interlocutory finding or order made by him so affects the merits of the controversy that the matter ought to be determined by the appeals court before any further proceedings in the trial court, he may report such matter to the appeals court, and may stay all further proceedings except such as are necessary to preserve the rights of the parties.
A justice of the superior court may, upon request of the parties, in any case where there is agreement as to all the material facts, report the case to the appeals court for determination without making any decision thereon.
2023 Massachusetts General Laws › Part III - Courts, Judicial Officers and Proceedings in Civil Cases › Title II - Actions and Proceedings Therein › Chapter 231 - Pleading and Practice › Section 112 - Report by Single Justice of Supreme Judicial Court

Section 112. A justice of the supreme judicial court, after a finding of facts by the court may report a case for determination by the full court or the appeals court.
If a justice of the supreme judicial court is of the opinion that an interlocutory finding or order made by him so affects the merits of the controversy that the matter ought to be determined by the full court or the appeals court before any further proceedings in the trial court, he may report such matter to either court, and may stay all further proceedings except such as are necessary to preserve the rights of the parties.
A justice of the supreme judicial court may, upon request of the parties, in any case where there is agreement as to all material facts, report the case to the full court or the appeals court without making any decision thereon.
2023 Massachusetts General Laws › Part III - Courts, Judicial Officers and Proceedings in Civil Cases › Title II - Actions and Proceedings Therein › Chapter 231 - Pleading and Practice › Section 112a - Appellate Proceedings Upon Report; Application of Rules of Appellate Procedure

Section 112A. Proceedings before the appeals court or the full court of the supreme judicial court upon a report pursuant to the two preceding sections shall be governed by the Massachusetts Rules of Appellate Procedure. The report shall constitute a notice of appeal within the meaning of said rules, and the entry of such report shall constitute the filing of a notice of appeal for purposes of computing time thereunder. The party aggrieved by an interlocutory finding or order shall be treated as the appellant; the plaintiff shall be treated as the appellant whenever the whole case is reported.
2023 Massachusetts General Laws › Part III - Courts, Judicial Officers and Proceedings in Civil Cases › Title II - Actions and Proceedings Therein › Chapter 231 - Pleading and Practice › Section 112b - Objections to Rulings or Orders

Section 112B. In civil actions, formal exceptions to rulings or orders of any court are unnecessary; but for all purposes for which an exception has heretofore been necessary it is sufficient that a party, at the time the ruling or order of the court is made or sought, makes known to the court the action which he desires the court to take or his objection to the action of the court and his grounds therefor; and, if a party has no opportunity to object to a ruling or order at the time it is made, the absence of an objection shall not thereafter prejudice him.
2023 Massachusetts General Laws › Part III - Courts, Judicial Officers and Proceedings in Civil Cases › Title II - Actions and Proceedings Therein › Chapter 231 - Pleading and Practice › Section 113 - Appeal From Final Judgment of Superior Court, Land Court and Housing Courts

Section 113. A party aggrieved by a final judgment of the superior court, the land court, the housing court of the city of Boston, the western division of the housing court department, the northeastern division of the housing court department, the southeastern division of the housing court department or the housing court of the county of Worcester, may appeal therefrom to the appeals court or, subject to the provisions of section ten of chapter two hundred and eleven A, to the full court of the supreme judicial court.
2023 Massachusetts General Laws › Part III - Courts, Judicial Officers and Proceedings in Civil Cases › Title II - Actions and Proceedings Therein › Chapter 231 - Pleading and Practice › Section 114 - Appeal From Final Judgment of Single Justice of Supreme Judicial Court

Section 114. A party aggrieved by a final judgment of a single justice of the supreme judicial court may appeal therefrom to the full court of the supreme judicial court.
2023 Massachusetts General Laws › Part III - Courts, Judicial Officers and Proceedings in Civil Cases › Title II - Actions and Proceedings Therein › Chapter 231 - Pleading and Practice › Section 115 - Disposition of Judgment on Appeal; Stay of Execution

Section 115. Upon an appeal the appeals court or the supreme judicial court shall affirm, reverse, or modify the judgment appealed from. Upon reversal of a final judgment either court may remand a cause to the trial court which entered the judgment appealed from with necessary and proper directions for further proceedings, or may render such judgment as the court below should have rendered.
No execution shall issue during the pendency of an appeal. In the event that execution has issued before the filing of a notice of appeal, upon the filing of such notice the clerk shall notify the officer holding the execution, and all further proceedings thereon shall be stayed. Nothing in this section shall be construed to impair the authority of a justice of either court to order a stay of execution upon such terms as are just.
2023 Massachusetts General Laws › Part III - Courts, Judicial Officers and Proceedings in Civil Cases › Title II - Actions and Proceedings Therein › Chapter 231 - Pleading and Practice › Section 116 - Protective Orders Pending Appeal

Section 116. Upon an appeal from a final judgment, the justice of the court by whom it was made may make such orders staying the enforcement of the judgment in an action for an injunction or appointment of a receiver as are needful for the protection of the rights of the parties, until the appeal shall be heard by the appellate court. Such order may be modified or vacated by the order of the appellate court, upon motion, after the appeal is taken.
2023 Massachusetts General Laws › Part III - Courts, Judicial Officers and Proceedings in Civil Cases › Title II - Actions and Proceedings Therein › Chapter 231 - Pleading and Practice › Section 117 - Temporary Appellate Relief From Final Judgments Pending Appeal

Section 117. After an appeal has been taken from a final judgment of the superior court, the land court, the housing court of the city of Boston, the western division of the housing court department, the northeastern division of the housing court department, the southeastern division of the housing court department or the housing court of the county of Worcester, the appellate court may, by an order, on terms or otherwise, suspend the execution or operation of the final judgment appealed from, pending the appeal, and may modify or annul any order made for the protection of the rights of the parties, pending the appeal; but, until such order has been modified or annulled, the justice of the superior court by whom the final judgment appealed from was made, or any other justice of said court, or the justice of the land court, the judge of the housing court of the city of Boston, the western division of the housing court department, the northeastern division of the housing court department, the southeastern division of the housing court department, or the housing court of the county of Worcester, by whom the judgment appealed from was made, may make any proper interlocutory orders, pending such appeal, including orders for the appointment of receivers, of injunction, of prohibition, and orders for continuing in force such orders previously made, or for modifying or dissolving them. The justice or judge who makes any such interlocutory orders may enforce them by appropriate proceedings, pending the appeal.
2023 Massachusetts General Laws › Part III - Courts, Judicial Officers and Proceedings in Civil Cases › Title II - Actions and Proceedings Therein › Chapter 231 - Pleading and Practice › Section 118 - Temporary Appellate Relief From Interlocutory Orders; Appeals to Appeals Court or Supreme Judicial Court

Section 118. A party aggrieved by an interlocutory order of a trial court justice in the superior court department, the housing court department, the land court department, the juvenile court department or the probate and family court department may file, within thirty days of the entry of such order, a petition in the appropriate appellate court seeking relief from such order. A single justice of the appellate court may, in his discretion, grant the same relief as an appellate court is authorized to grant pending an appeal under section one hundred and seventeen. If the petition is filed with respect to a discovery order and is denied, the single justice may, after such hearing as the single justice in his discretion deems appropriate, require the petitioning party or the attorney advising the petition or both of them to pay to the party who opposed the petition the reasonable expenses incurred in opposing the petition, including attorney's fees, unless the court finds that the filing of the petition was substantially justified or that other circumstances make an award of expenses unjust.
A party aggrieved by an interlocutory order of a trial court justice in the superior court department, the housing court department, the land court department or the probate and family court department, granting, continuing, modifying, refusing or dissolving a preliminary injunction, or refusing to dissolve a preliminary injunction, or a party aggrieved by an interlocutory order of a single justice of the appellate court granting a petition for relief from such an order, may appeal therefrom to the appeals court or, subject to the provisions of section ten of chapter two hundred and eleven A, to the supreme judicial court, which shall affirm, modify, vacate, set aside, reverse the order or remand the cause and direct the entry of such appropriate order as may be just under the circumstances. An appeal under this paragraph shall be taken within thirty days of the date of the entry of the interlocutory order and in accordance with the Massachusetts rules of appellate procedure. Pursuant to action taken by the appellate court the cause shall be remanded to the trial court for further proceedings.
The filing of a petition hereunder shall not suspend the execution of the order which is the subject of the petition, except as otherwise ordered by a single justice of the appellate court.
2023 Massachusetts General Laws › Part III - Courts, Judicial Officers and Proceedings in Civil Cases › Title II - Actions and Proceedings Therein › Chapter 231 - Pleading and Practice › Section 118a - Appeal From Interlocutory Order for Equitable Relief

Section 118A. A party aggrieved by an interlocutory order of a trial court justice in the district court department or the Boston municipal court department issued pursuant to section 19C of chapter 218 in response to a request for equitable relief may file within 10 days of the entry of the order, a petition in the appropriate appellate division seeking relief from the order. A single justice of the appellate division may affirm, modify, vacate, set aside, reverse the order or remand the cause and direct the entry of such appropriate order as may be just under the circumstances. A party aggrieved by an interlocutory order of a single justice of an appellate division granting a petition for relief from the order, may appeal therefrom to the appeals court or, subject to section 10 of chapter 211A, to the supreme judicial court, which shall affirm, modify, vacate, set aside, reverse the order or remand the cause and direct the entry of the appropriate order as may be just under the circumstances.
The filing of a petition hereunder shall not suspend the execution of the order which is the subject of the petition, except as otherwise ordered by a single justice of the appellate division.
2023 Massachusetts General Laws › Part III - Courts, Judicial Officers and Proceedings in Civil Cases › Title II - Actions and Proceedings Therein › Chapter 231 - Pleading and Practice › Section 119 - Harmless Error; Disposition of Judgment on Appeal

Section 119. No error in either the admission or the exclusion of evidence and no error or defect in any ruling or order or anything done or omitted by the trial court or by any of the parties is ground for modifying or otherwise disturbing a judgment or order unless the appeals court or the supreme judicial court deems that the error complained of has injuriously affected the substantial rights of the parties. If either court finds that the error complained of affects only one or some of the issues or parties involved it may affirm the judgment as to those issues or parties unaffected and may modify or reverse the judgment as to those affected.
2023 Massachusetts General Laws › Part III - Courts, Judicial Officers and Proceedings in Civil Cases › Title II - Actions and Proceedings Therein › Chapter 231 - Pleading and Practice › Section 124 - Determination of Questions of Law by Full Court on Appeal

Section 124. Whenever a question in dispute at the trial of an issue of fact in any civil action depends upon the decision of a question of law, the appeals court or the full bench of the supreme judicial court, upon appeal may, if satisfied that it has before it all the facts necessary for determining the question in dispute, direct that judgment be entered or that such other action be taken as shall accord with the determination of such court; or if either court shall be of the opinion that it has not before it sufficient facts to determine said question, it may direct such issues or questions as it shall think proper to be tried before a jury if the case be a jury case, or otherwise before a judge, and may direct in the alternative the action to be taken upon the verdict or finding. When any such question of law shall arise in a trial, the judge shall, by leaving appropriate questions to the jury, or by his own findings where the trial is without a jury ascertain so far as is practicable all the facts both as to liability and damages necessary on any theory of the law to enable an appellate court to make the proper final disposition of the case, unless in the opinion of the court such a course is inexpedient under the circumstances of the case.
2023 Massachusetts General Laws › Part III - Courts, Judicial Officers and Proceedings in Civil Cases › Title II - Actions and Proceedings Therein › Chapter 231 - Pleading and Practice › Section 125 - Appellate Court's Powers of Amendment; Additional Testimony

Section 125. Upon appeal in a civil action the appeals court and supreme judicial court shall have all the powers of amendment of the court below; and whenever objections have been taken to the exclusion of evidence, or where the alleged error arises from the omission at the trial of some fact which, under the circumstances of the case, may subsequently be proved without involving any question for a jury, and without substantial injustice to either party the appellate courts shall have full discretionary authority to cause such further testimony to be taken as it deems necessary, either by oral examination in court, by reference, by affidavit or by deposition, and both courts shall have power to render any judgment and to make any order that ought to have been made upon the whole case.
2023 Massachusetts General Laws › Part III - Courts, Judicial Officers and Proceedings in Civil Cases › Title II - Actions and Proceedings Therein › Chapter 231 - Pleading and Practice › Section 125a - Further Report of Material Facts in Equity and Probate Appeals

Section 125A. Upon appeal in any case, in equity or probate, where the evidence is not reported, the full court, if of opinion that a report of material facts required by or made under section fifteen A of chapter one hundred and eighty-five, section twenty-three of chapter two hundred and fourteen, or section eleven of chapter two hundred and fifteen, is not sufficient to enable the court properly to adjudicate the subject matter involved, may in its discretion, by order transmitted to the trial court, direct the justice, or judge, to make such further report of facts as the full court shall deem necessary. Upon compliance with such direction, seven typewritten copies of such further report shall be filed by the clerk or register with the clerk of the supreme judicial court for the commonwealth for the use of the full court.
2023 Massachusetts General Laws › Part III - Courts, Judicial Officers and Proceedings in Civil Cases › Title II - Actions and Proceedings Therein › Chapter 231 - Pleading and Practice › Section 132 - Error Not Affecting Substantial Rights; Partial New Trial

Section 132. No new trial shall be granted in any civil action or proceeding on the ground of improper admission or rejection of evidence, or for any error as to any matter of pleading or procedure, if the judge who presided at the trial when application is made by motion for a new trial, or the appeals court or the supreme judicial court when application is made by appeal or otherwise, deems that the error complained of has not injuriously affected the substantial rights of the parties; and, if it appears to such court that said error affects part only of the matter in controversy or some or one only of the parties, the court may direct final judgment as to part thereof, or some or one only of the parties, and may direct a new trial as to the other part only or as to the other parties.
2023 Massachusetts General Laws › Part III - Courts, Judicial Officers and Proceedings in Civil Cases › Title II - Actions and Proceedings Therein › Chapter 231 - Pleading and Practice › Section 138 - Amendment of Pleadings; Notice and Hearing Requisite to Bind Certain Persons; Appeal

Section 138. No subsequent attaching creditor or purchaser of property attached, other than parties to the record, shall be bound by an amendment of the pleadings which substantially affects his rights unless he has had due notice of the motion for leave to amend and unless he has had an opportunity to be heard thereon. Such persons shall also have the right of appeal.
2023 Massachusetts General Laws › Part III - Courts, Judicial Officers and Proceedings in Civil Cases › Title II - Actions and Proceedings Therein › Chapter 231 - Pleading and Practice › Section 139 - Representation of Corporate Party by Officer or Agent

Section 139. If a corporation is a party to an action or proceeding referred to in this chapter, all motions, pleadings, or other papers requiring the signature or oath of the party may be signed or sworn to in behalf of the corporation by an officer or agent thereunto specially authorized.
2023 Massachusetts General Laws › Part III - Courts, Judicial Officers and Proceedings in Civil Cases › Title II - Actions and Proceedings Therein › Chapter 231 - Pleading and Practice › Section 140a - Conclusiveness of Consent Judgment in Automobile Case

Section 140A. In an action to recover damages for injuries to person or property, or for death, or consequential damages, so called, sustained by reason of a motor vehicle accident, a judgment entered by agreement of the parties, without a hearing on the merits, shall not operate as a bar to an action brought by a defendant in the action in which such judgment was entered, unless such agreement was signed by the defendant in person.
2023 Massachusetts General Laws › Part III - Courts, Judicial Officers and Proceedings in Civil Cases › Title II - Actions and Proceedings Therein › Chapter 231 - Pleading and Practice › Section 140b - Advance Payments or Settlements of Claims by Insurers; Effect Upon Liability; Admissibility as Evidence; Credit Upon Judgment; Notice of Limitations to Claimant by Insurer; Accrual of Cause of Action

Section 140B. Any person against whom a claim or suit for damages on account of bodily injury, property damage, or death is made, or if such person is insured against loss by reason of his liability to pay such damages the insurer of such person may advance money to, or pay bills incurred by or on behalf of, such claimant, or plaintiff, as the case may be, without affecting the question of liability for such damages, and evidence of such payments shall not be admissible at the trial of such suit on the issue of liability or to mitigate damages; but if, in such case, there shall be a judgment in favor of the plaintiff for money damages, the presiding judge of the court in which the judgment is entered shall, upon motion of the defendant, credit upon such judgment the amount of such payments.
Any such insurer who makes an advance payment under this section shall at the time of making such payment, by notice in writing, inform the claimant of the statute of limitations applicable to his claim and the time within which an action is required to be commenced to enforce such claim in a court of competent jurisdiction.
The cause of action of any claimant who receives an advance payment under this section but who is not given the written notice required hereunder shall accrue on the date such written notice is actually given and not on the date the injury or damage was sustained.
2023 Massachusetts General Laws › Part III - Courts, Judicial Officers and Proceedings in Civil Cases › Title II - Actions and Proceedings Therein › Chapter 231 - Pleading and Practice › Section 140c - Settlement or Partial Payment by Insurer as Admission of Liability

Section 140C. No settlement or partial payment made under a liability insurance policy of a claim against any person insured thereunder shall be construed as an admission of liability by such person, with respect to any claim arising from the same event.
2023 Massachusetts General Laws › Part III - Courts, Judicial Officers and Proceedings in Civil Cases › Title II - Actions and Proceedings Therein › Chapter 231 - Pleading and Practice › Section 140c1/2 - Settlement of Claim of Minor or Incompetent; Judicial Powers; Petition for Settlement Approval

Section 140C1/2. The trial court may review and approve a settlement for damages because of personal injury to a minor or incompetent person in any case before the court where any party has filed a petition for settlement approval signed by all parties. The trial court may make such orders and take such action as it deems necessary to effectuate the disposition of a settlement approval including but not limited to the appointment of a guardian, the appointment of a guardian ad litem, or the holding of an evidentiary hearing. With respect to a settlement for which approval is requested under this section, a guardian or a guardian ad litem appointed by said trial court shall have the same authority as if appointed pursuant to a proceeding under chapter two hundred and one.
Any party to a settlement of a claim of a minor or incompetent person, when such claim is not in suit, may initiate an action by filing a complaint and petition for settlement approval for the purpose of seeking the court's approval of the settlement under this section.
2023 Massachusetts General Laws › Part III - Courts, Judicial Officers and Proceedings in Civil Cases › Title II - Actions and Proceedings Therein › Chapter 231a - Procedure for Declaratory Judgments › Section 1 - Power to Make Declaratory Determination; Jury Questions

Section 1. The supreme judicial court, the superior court, the land court and the probate courts, within their respective jurisdictions, may on appropriate proceedings make binding declarations of right, duty, status and other legal relations sought thereby, either before or after a breach or violation thereof has occurred in any case in which an actual controversy has arisen and is specifically set forth in the pleadings and whether any consequential judgment or relief is or could be claimed at law or in equity or not; and such proceeding shall not be open to objection on the ground that a merely declaratory judgment or decree is sought thereby and such declaration, when made, shall have the force and effect of a final judgment or decree and be reviewable as such; provided, that nothing contained herein shall be construed to authorize the change, extension or alteration of the law regulating the method of obtaining service on, or jurisdiction over, parties or affect their right to trial by jury. When a declaration of right, or the granting of further relief based thereon, shall involve the determination of issues of fact triable by a jury as of right and as to which a jury trial is duly claimed by the party entitled thereto, or issues which the court, in accordance with the practice of courts of equity, considers should be tried by a jury, such issues may be submitted to a jury in the form of questions, with proper instructions by the court, whether a general verdict be required or not.
2023 Massachusetts General Laws › Part III - Courts, Judicial Officers and Proceedings in Civil Cases › Title II - Actions and Proceedings Therein › Chapter 231a - Procedure for Declaratory Judgments › Section 2 - Controversies to Which Declaratory Judgment Procedure Is Applicable

Section 2. The procedure under section one may be used to secure determinations of right, duty, status or other legal relations under deeds, wills or written contracts or other writings constituting a contract or contracts or under the common law, or a charter, statute, municipal ordinance or by-law, or administrative regulation, including determination of any question of construction or validity thereof which may be involved in such determination. Said procedure under section one may be used in the superior court to enjoin and to obtain a determination of the legality of the administrative practices and procedures of any municipal, county or state agency or official which practices or procedures are alleged to be in violation of the Constitution of the United States or of the constitution or laws of the commonwealth, or are in violation of rules or regulations promulgated under the authority of such laws, which violation has been consistently repeated; provided, however, that this section shall not apply to the governor and council or the legislative and judicial departments. For the purpose of this section practices or procedures mean the customary and usual method of conducting municipal, county, state agency or official business.
The foregoing enumeration shall not limit or restrict the exercise of the general powers conferred in section one in any proceeding where declaratory relief is sought, in which a judgment or decree will terminate the controversy or remove an uncertainty.
2023 Massachusetts General Laws › Part III - Courts, Judicial Officers and Proceedings in Civil Cases › Title II - Actions and Proceedings Therein › Chapter 231a - Procedure for Declaratory Judgments › Section 3 - Grounds for Refusing Declaratory Judgment

Section 3. The court may refuse to render or enter a declaratory judgment or decree where such judgment or decree, if rendered or entered, would not terminate the uncertainty or controversy giving rise to the proceedings or for other sufficient reasons. The reasons for such refusal shall be stated in the record. The failure to exhaust administrative relief prior to bringing an action under section one shall not bar the bringing of such action if the petition for declaratory relief is accompanied by an affidavit stating that the practice or procedure set forth pursuant to the provisions of section two is known to exist by the agency or official therein described and that reliance on administrative relief would be futile. For the purposes of this section practice or procedure means the customary and usual method of conducting agency or official business.
2023 Massachusetts General Laws › Part III - Courts, Judicial Officers and Proceedings in Civil Cases › Title II - Actions and Proceedings Therein › Chapter 231a - Procedure for Declaratory Judgments › Section 5 - Further Relief

Section 5. Further relief based on a declaratory judgment or decree may be granted whenever necessary or proper. The application therefor shall be by petition to a court having jurisdiction to grant the relief. If the application be deemed sufficient the court shall, on reasonable notice, require any adverse party whose rights have been adjudicated by the declaratory judgment or decree to show cause why further relief should not be granted forthwith.
In addition to the foregoing when a decree has already been entered declaring an administrative practice or procedure as defined in section two to be illegal, and a person not a party to the original action involving said practice or procedure is adversely affected by the same or similar practice or procedure by the same agency, said person may seek relief under this chapter by filing a petition for contempt against the agency or agent continuing said practice or procedure after the entry of said decree.
2023 Massachusetts General Laws › Part III - Courts, Judicial Officers and Proceedings in Civil Cases › Title II - Actions and Proceedings Therein › Chapter 231a - Procedure for Declaratory Judgments › Section 6 - Declaratory Relief in Other Actions

Section 6. In any action heretofore or hereafter brought to obtain a judgment or other consequential relief, whether such judgment or relief is granted or not, the court may make a binding determination as provided in this chapter upon application of any party made in his pleadings.
2023 Massachusetts General Laws › Part III - Courts, Judicial Officers and Proceedings in Civil Cases › Title II - Actions and Proceedings Therein › Chapter 231a - Procedure for Declaratory Judgments › Section 7 - Costs

Section 7. In an action wherein a judgment or other consequential relief is sought, the costs shall not be affected by the making or refusal of any determination; but in an action for a determination only, under this chapter, costs shall be wholly in the discretion of the court.
2023 Massachusetts General Laws › Part III - Courts, Judicial Officers and Proceedings in Civil Cases › Title II - Actions and Proceedings Therein › Chapter 231a - Procedure for Declaratory Judgments › Section 8 - Necessary Parties; Class Actions

Section 8. When declaratory relief is sought, all persons shall be made parties who have or claim any interest which would be affected by the declaration, and no declaration shall prejudice the rights of persons not parties to the proceeding. In any proceeding which involves the validity of a municipal ordinance or by-law or of a franchise, license, easement or other privilege granted by the commonwealth or a municipality thereof, the municipality, or the agency granting the privilege, as the case may be, shall be made a party and shall be entitled to be heard. If a question of constitutionality is involved in any proceeding under this chapter, the attorney general shall also be notified of the proceeding and be entitled to be heard.
Nothing set forth in this section shall bar the bringing of a class action for declaratory relief pursuant to the new rules of civil procedure.
Following entry of a final decree or order favorable to the petitioner or petitioners in a class suit, any member of said class thereafter aggrieved by any violation of said order or decree shall be entitled to compel compliance therewith by instituting contempt proceedings in said class suit.
2023 Massachusetts General Laws › Part III - Courts, Judicial Officers and Proceedings in Civil Cases › Title II - Actions and Proceedings Therein › Chapter 231a - Procedure for Declaratory Judgments › Section 9 - Purpose and Construction of Declaratory Judgment Provisions

Section 9. This chapter is declared to be remedial. Its purpose is to remove, and to afford relief from, uncertainty and insecurity with respect to rights, duties, status and other legal relations, and it is to be liberally construed and administered. Nothing in this chapter shall be held to affect the jurisdiction of the land court, and the procedure established hereby shall be in addition to any other procedure for declaratory relief.
2023 Massachusetts General Laws › Part III - Courts, Judicial Officers and Proceedings in Civil Cases › Title II - Actions and Proceedings Therein › Chapter 231b - Contribution Among Joint Tortfeasors › Section 1 - Right of Contribution; Subrogation

Section 1. (
a
) Except as otherwise provided in this chapter, where two or more persons become jointly liable in tort for the same injury to person or property, there shall be a right of contribution among them even though judgment has not been recovered against all or any of them.
(
b
) The right of contribution shall exist only in favor of a joint tortfeasor, hereinafter called tortfeasor, who has paid more than his pro rata share of the common liability, and his total recovery shall be limited to the amount paid by him in excess of his pro rata share. No tortfeasor shall be compelled to make contribution beyond his own pro rata share of the entire liability.
(
c
) A tortfeasor who enters into a settlement with a claimant shall not be entitled to recover contribution from another tortfeasor in respect to any amount paid in a settlement which is in excess of what was reasonable.
(
d
) A liability insurer, who by payment has discharged in full or in part the liability of a tortfeasor and has thereby discharged in full its obligation as insurer, shall be subrogated to the tortfeasor's right of contribution to the extent of the amount it has paid in excess of the tortfeasor's pro rata share of the common liability. This provision shall not limit or impair any right of subrogation arising from any other relationship.
(
e
) This chapter shall not impair any right of indemnity under existing law. Where one tortfeasor is entitled to indemnity from another, the right of the indemnity obligee shall be for indemnity and not contribution, and the indemnity obligor shall not be entitled to contribution from the obligee for any portion of his indemnity obligation.
2023 Massachusetts General Laws › Part III - Courts, Judicial Officers and Proceedings in Civil Cases › Title II - Actions and Proceedings Therein › Chapter 231b - Contribution Among Joint Tortfeasors › Section 2 - Pro Rata Shares of Tortfeasors in Entire Liability; Determination

Section 2. In determining the pro rata shares of tortfeasors in the entire liability (
a
) their relative degrees of fault shall not be considered; (
b
) if equity requires, the collective liability of some as a group shall constitute a single share; and (
c
) principles of equity applicable to contribution generally shall apply.
2023 Massachusetts General Laws › Part III - Courts, Judicial Officers and Proceedings in Civil Cases › Title II - Actions and Proceedings Therein › Chapter 231b - Contribution Among Joint Tortfeasors › Section 3 - Enforcement of Contribution; Limitation; Effect of Judgment Against One Tortfeasor; Judgment Determining Liability

Section 3. (
a
) Whether or not judgment has been entered in an action against two or more tortfeasors for the same injury, contribution may be enforced by separate action.
(
b
) Where a judgment has been entered in an action against two or more tortfeasors for the same injury, contribution may be enforced in that action by judgment in favor of one against other judgment defendants by motion upon notice to all parties to the action.
(
c
) If there is a judgment for the injury against the tortfeasor seeking contribution, any separate action by him to enforce contribution must be commenced within one year after the judgment has become final by lapse of time for appeal or after appellate review.
(
d
) If there is no judgment for the injury against the tortfeasor seeking contribution, his right of contribution shall be barred unless he has either (1) discharged by payment the common liability within the statute of limitations period applicable to claimant's right of action against him and has commenced his action for contribution within one year after payment, or (2) agreed while action is pending against him to discharge the common liability and has within one year after the agreement paid the liability and commenced his action for contribution.
(
e
) The recovery of a judgment for an injury against one tortfeasor shall not of itself discharge the other tortfeasors from liability for the injury unless the judgment is satisfied. The satisfaction of the judgment shall not impair any right of contribution.
(
f
) The judgment of the court in determining the liability of the several defendants to the claimant for an injury shall be binding as among such defendants in determining their right to contribution.
2023 Massachusetts General Laws › Part III - Courts, Judicial Officers and Proceedings in Civil Cases › Title II - Actions and Proceedings Therein › Chapter 231b - Contribution Among Joint Tortfeasors › Section 4 - Release or Covenant Not to Sue One or More Tortfeasors; Effect

Section 4. When a release or covenant not to sue or not to enforce judgment is given in good faith to one of two or more persons liable in tort for the same injury:
(
a
) It shall not discharge any of the other tortfeasors from liability for the injury unless its terms so provide; but it shall reduce the claim against the others to the extent of any amount stipulated by the release or the covenant, or in the amount of the consideration paid for it, whichever is the greater; and
(
b
) It shall discharge the tortfeasor to whom it is given from all liability for contribution to any other tortfeasor.
2023 Massachusetts General Laws › Part III - Courts, Judicial Officers and Proceedings in Civil Cases › Title II - Actions and Proceedings Therein › Chapter 231c - Structured Settlement Contracts › Section 3 - Waiver of Secs. 2 to 4; Payee Penalty for Failure to Transfer

Section 3. (a) The provisions of sections 2 to 4, inclusive, shall not be waived.
(b) No payee who proposes to make a transfer of structured settlement payment rights shall incur a penalty, forfeit an application fee or other payment, or otherwise incur any liability to the proposed transferee based on the failure of the transfer to satisfy the conditions of section 2.
2023 Massachusetts General Laws › Part III - Courts, Judicial Officers and Proceedings in Civil Cases › Title II - Actions and Proceedings Therein › Chapter 231c - Structured Settlement Contracts › Section 4 - Violations of Discount/finance Charge Stipulation or of Disclosure Requirements; Penalties; Civil Actions by Attorney General

Section 4. (a) If in connection with a transfer of structured settlement payment rights, a transferee has violated the discount/finance charge stipulation, neither the transferee nor any assignee shall be entitled to collect from the transferred payment rights, or from the payee, any amount in excess of the net advance amount, and the payee shall have a right to recover from the transferee or any assignee:
(1) a refund of any excess amounts previously received by the transferee or any assignee;
(2) a penalty in an amount determined by the court; and
(3) reasonable costs and attorney's fees.
(b) If in connection with a transfer of structured settlement payment rights, the transferee has violated the disclosure requirements in section 3, the transferee and any assignees shall be liable to the payee for:
(1) a penalty in an amount determined by the court; and
(2) reasonable costs and attorney's fees.
(c) A transferee or assignee shall not be liable for a penalty in any action brought under this section if the transferee or assignee establishes by a preponderance of evidence that the violation was not intentional and resulted from a bona fide error, notwithstanding the transferee's maintenance of procedures reasonably designed to avoid such errors.
(d) No action may be brought under this section if:
(1) in the case of a violation of the discount/finance charge stipulation, more than one year after the due date of the last transferred structured settlement payment; and
(2) in the case of the disclosure requirements of section 2, more than one year after the due date of the first transferred structured settlement payment.
(e) If the attorney general has reason to believe that any transferee has violated this chapter, the attorney general may bring a civil action for injunctive relief and such penalties and other relief as may be appropriate to secure compliance with this chapter.
2023 Massachusetts General Laws › Part III - Courts, Judicial Officers and Proceedings in Civil Cases › Title II - Actions and Proceedings Therein › Chapter 231c - Structured Settlement Contracts › Section 5 - Applicability of This Chapter to Workers' Compensation Payment Rights

Section 5. Nothing contained in this chapter shall be construed to authorize any transfer of workers' compensation payment rights in contravention of applicable law or to give effect to any transfer of workers' compensation or other payment rights that is invalid under applicable law.
2023 Massachusetts General Laws › Part III - Courts, Judicial Officers and Proceedings in Civil Cases › Title II - Actions and Proceedings Therein › Chapter 232a - Tender › Section 1 - Payment or Tender; Past Due Obligation

Section 1. The payment or tender of payment of the whole amount due on a contract for the payment of money after it is due and payable and before action is commenced shall, if pleaded, have the same effect as if made at the time provided in the contract. Such payment or tender may also be made after action has been commenced if made at least four days prior to the date by which the answer must be filed, with costs to the time of payment or tender. The tender last mentioned may be made to the plaintiff or to his attorney in the action, and, if not accepted, the defendant may avail himself of the tender in defense in like manner as if made before the commencement of the action, bringing into court the amount so tendered.
2023 Massachusetts General Laws › Part III - Courts, Judicial Officers and Proceedings in Civil Cases › Title II - Actions and Proceedings Therein › Chapter 232a - Tender › Section 3 - Tender or Offer of Judgment in Lien Proceeding

Section 3. A person upon whose property a lien is claimed may make in any proceeding a tender or an offer of judgment relating thereto in like manner and with like effect as in matters of contract.