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 234a - Office of Jury Commissioner for the Commonwealth › Section 67c - Certain Interests Not to Disqualify

Section 67C. In indictments and penal actions for the recovery of a forfeiture, it shall not be a challenge for cause to a juror that the juror is liable to pay taxes in a county, city or town which may be benefited by such recovery.
2023 Massachusetts General Laws › Part III - Courts, Judicial Officers and Proceedings in Civil Cases › Title II - Actions and Proceedings Therein › Chapter 234a - Office of Jury Commissioner for the Commonwealth › Section 67d - Voir Dire Procedures

Section 67D. Notwithstanding section 67A, the following procedures shall govern in all criminal and civil superior court jury trials:
(1) In addition to whatever jury voir dire of the jury venire is conducted by the court, the court shall permit, upon the request of any party's attorney or a self-represented party, the party's attorney or self-represented party to conduct an oral examination of the prospective jurors at the discretion of the court.
(2) The court may impose reasonable limitations upon the questions and the time allowed during such examination, including, but not limited to, requiring pre-approval of the questions.
(3) In criminal cases involving multiple defendants, the commonwealth shall be entitled to the same amount of time as that to which all defendants together are entitled.
(4) The court may promulgate rules to implement this section, including, but not limited to, providing consistent policies, practices and procedures relating to the process of jury voir dire.
2023 Massachusetts General Laws › Part III - Courts, Judicial Officers and Proceedings in Civil Cases › Title II - Actions and Proceedings Therein › Chapter 234a - Office of Jury Commissioner for the Commonwealth › Section 68 - Additional Jurors Impanelled; Alternate Jurors

Section 68. In every twelve-person jury case, the court shall impanel at least two additional jurors. In every six-person jury case, the court shall impanel at least one additional juror. Alternate jurors shall not be identified until immediately prior to jury deliberations in accordance with the following. If, at the time of the submission of the case by the court to the jury for its deliberations upon a verdict, more than the number of jurors required for deliberation are available, the court shall direct the clerk to place the names of all of the available jurors except the foreperson into a box or drum and to select at random the names of the appropriate number of jurors necessary to reduce the jury to the proper number of members required for deliberation in the particular case. The jurors so selected shall not be discharged, but shall be known as alternate jurors. The alternate jurors shall be kept separate from the jury in some convenient location, subject to the same rules and procedures as govern the jury during its deliberations, until the jury has agreed upon a verdict or has been otherwise discharged. If at any time after the submission of the case by the court to the jury for its deliberation upon a verdict, a juror is discharged by the court for any reason, the court shall direct the clerk to place all of the names of the alternate jurors in a box or drum and to select at random the name of an alternate juror. The alternate juror so selected shall take the place of the discharged juror on the jury. The jury, so constituted, shall begin its deliberations anew with full authority to render a verdict in the case. The court shall have jurisdiction to receive the verdict of the jury, as constituted under the provisions of this section, and shall have jurisdiction and full authority to render judgment in the case. Whenever it is appropriate for the court to direct a verdict, the court may do so without first reducing the number of jurors to the proper number required for deliberation in the case. Upon a finding of cause, the trial judge may impanel a lesser number of jurors than specified under this section. Nothing in this section shall prevent the court from rendering a valid judgment based upon a verdict rendered by fewer jurors than required under this section where all parties have by stipulation agreed to this procedure. Nothing in this section shall prevent the court from entering a valid judgment based upon a verdict rendered by fewer or more jurors than required under this section or based upon procedures other than that specified in this section where all parties have by stipulation agreed to such a number of jurors or to such procedures.
2023 Massachusetts General Laws › Part III - Courts, Judicial Officers and Proceedings in Civil Cases › Title II - Actions and Proceedings Therein › Chapter 234a - Office of Jury Commissioner for the Commonwealth › Section 68b - Number of Jurors Required to Render Verdict; Instructions on Sufficient Numbers

Section 68B. In any civil action the jury shall be instructed that the agreement of 5/6 of its members shall be sufficient to render any special or general verdict.
2023 Massachusetts General Laws › Part III - Courts, Judicial Officers and Proceedings in Civil Cases › Title II - Actions and Proceedings Therein › Chapter 234a - Office of Jury Commissioner for the Commonwealth › Section 68c - Failure of Jury to Agree

Section 68C. If a jury, after due and thorough deliberation, returns to court without having agreed on a verdict, the court may state anew the evidence or any part of the evidence, explain to them anew the law applicable to the case and send them out for further deliberation; but if they return a second time without having agreed on a verdict, they shall not be sent out again without their own consent, unless they ask from the court some further explanation of the law.
2023 Massachusetts General Laws › Part III - Courts, Judicial Officers and Proceedings in Civil Cases › Title II - Actions and Proceedings Therein › Chapter 234a - Office of Jury Commissioner for the Commonwealth › Section 69 - Translators for Deaf Jurors

Section 69. A translator may assist a deaf juror during the juror orientation program, the juror's welcome, and the judicial discretion hearing. As a matter of discretion, the court may permit a translator to assist a deaf juror during the trial after a determination of the competency of the translator. In the presence of the jury, the court shall instruct the translator to make true, literal and complete translations of all testimony and other relevant colloquy to the deaf juror to the best of his ability. The court may permit a translator to be present and assist a deaf juror during the deliberations of the jury. In the presence of the jury, the court shall instruct the translator to refrain from participating in any manner in the deliberations of the jury and to refrain from having any communications, oral or visual, with any member of the jury regarding the deliberations of the jury except for the literal translations of jurors' remarks made during deliberations. The verdict of the jury shall be valid notwithstanding the presence of the translator during deliberations.
2023 Massachusetts General Laws › Part III - Courts, Judicial Officers and Proceedings in Civil Cases › Title II - Actions and Proceedings Therein › Chapter 234a - Office of Jury Commissioner for the Commonwealth › Section 69a - View by Jury

Section 69A. The court may, upon motion, allow the jury in a civil case to view the premises or place in question or any property, matter or thing relative to the case if the party making the motion advances an amount sufficient to defray the expenses of the jury and the officers who attend them in taking the view, which shall be taxed as costs, if the party who advanced them prevails. The court may order a view by a jury impanelled to try a criminal case.
2023 Massachusetts General Laws › Part III - Courts, Judicial Officers and Proceedings in Civil Cases › Title II - Actions and Proceedings Therein › Chapter 234a - Office of Jury Commissioner for the Commonwealth › Section 70 - Instruction to Jury as to Occupation or Reputation of Other Jurors

Section 70. Upon motion of a party, or whenever the court deems it appropriate, the court shall include in its charge to the jury an instruction which in substance states that no duly impanelled trial juror is better qualified to determine the truth of the facts in controversy or to deliberate upon a verdict solely because of his occupation or reputation. The court shall have discretion to express this instruction in whatever language it deems appropriate and to supplement, elaborate, or explain this instruction to the jury with reference to the particular case being submitted to it. This section shall not be construed as a limitation in any way upon the authority of the court to make such further charges as are appropriate.
2023 Massachusetts General Laws › Part III - Courts, Judicial Officers and Proceedings in Civil Cases › Title II - Actions and Proceedings Therein › Chapter 234a - Office of Jury Commissioner for the Commonwealth › Section 71 - Fraud in Processing or Selection of Jurors or Prospective Jurors

Section 71. Whoever is guilty of fraud in the processing or selection of jurors or prospective jurors either by causing any name to be inserted into any list wrongfully, or by causing any name to be deleted from any list wrongfully, including wrongful data entry or the altering of any data processing machine or any set of instructions or programs which control data processing equipment for such wrongful purpose, shall have committed the crime of jury tampering, and, upon conviction thereof, may be punished by a fine of not more than ten thousand dollars, or imprisonment for not more than two years, or both. This section shall not limit any other provisions of law concerning the crime of jury tampering.
2023 Massachusetts General Laws › Part III - Courts, Judicial Officers and Proceedings in Civil Cases › Title II - Actions and Proceedings Therein › Chapter 234a - Office of Jury Commissioner for the Commonwealth › Section 72 - Preservation of Official Records and Papers Compiled and Maintained by Office of Jury Commissioner

Section 72. All official records and papers compiled and maintained by the office of jury commissioner shall be preserved for three years after the calendar year to which they apply. Official records shall include records in automated form on magnetic tapes and disks.
2023 Massachusetts General Laws › Part III - Courts, Judicial Officers and Proceedings in Civil Cases › Title II - Actions and Proceedings Therein › Chapter 234a - Office of Jury Commissioner for the Commonwealth › Section 73 - Challenge of Array

Section 73. A party may challenge the composition of the juror pool by a motion for appropriate relief. This challenge shall be made and decided before any individual juror is examined, unless the court orders otherwise. The challenge shall be in writing, supported by affidavit, and shall specify the facts and demographic data constituting the ground of the challenge. The challenge shall be tried by the court and may, within the discretion of the court, be decided on the basis of the affidavits filed with the challenge. Upon the trial of such a challenge, witnesses may be examined on oath by the court and may be so examined by either party. If the challenge is sustained, the court shall discharge the entire juror pool.
2023 Massachusetts General Laws › Part III - Courts, Judicial Officers and Proceedings in Civil Cases › Title II - Actions and Proceedings Therein › Chapter 234a - Office of Jury Commissioner for the Commonwealth › Section 74 - Irregularities or Defects Causing Mistrial or Verdict to Be Set Aside

Section 74. Any irregularity in compiling any list of jurors or prospective jurors; or any irregularity in qualifying, selecting, summoning, confirming, postponing, excusing, cancelling, instructing, impanelling, challenging, discharging, or managing jurors; or any irregularity in limiting any term of juror service, in length or other incident of the term; or the fact that a juror shall be found to be not qualified under section four of this chapter; or any defect in any procedure performed under this chapter shall not be sufficient to cause a mistrial or to set aside a verdict unless objection to such irregularity or defect has been made as soon as possible after its discovery or after it should have been discovered and unless the objecting party has been specially injured or prejudiced thereby.
2023 Massachusetts General Laws › Part III - Courts, Judicial Officers and Proceedings in Civil Cases › Title II - Actions and Proceedings Therein › Chapter 234a - Office of Jury Commissioner for the Commonwealth › Section 74a - Gratuities

Section 74A. If either party to a case at the sitting at which a verdict is returned, either before or after the trial, gives to any of the jurors who try the case anything by way of treat or gratuity, the court may, upon motion of the adverse party, set aside the verdict and award a new trial.
2023 Massachusetts General Laws › Part III - Courts, Judicial Officers and Proceedings in Civil Cases › Title II - Actions and Proceedings Therein › Chapter 234a - Office of Jury Commissioner for the Commonwealth › Section 75 - Use of Data Processing Equipment, Etc. and Electronic Telecommunications Systems

Section 75. The use of data processing equipment, methods, services, forms, and electronic telecommunications systems by the office of jury commissioner for the implementation and administration of this chapter shall be specifically authorized. The office of jury commissioner may establish an on-line interactive data processing system in some or all of the participating counties. The office of jury commissioner, with the approval of the committee and with authorized approvals of representatives of the executive branch, may share in the use of the TELPAC telecommunications system of the commonwealth. The data processing center in the judicial branch, if possible, shall provide without cost to the office of jury commissioner such data processing capacity, file storage, and related services and supplies with highest priority access during regular business hours as shall be adequate for the orderly implementation and administration of this chapter in all participating counties. In the event the data processing center is unable to provide the aforementioned data processing services, the office of jury commissioner may, with the approval of the committee, procure these data processing services, in part or in full, from another governmental agency or from a private source, with or without the necessity for purchasing such services.
2023 Massachusetts General Laws › Part III - Courts, Judicial Officers and Proceedings in Civil Cases › Title II - Actions and Proceedings Therein › Chapter 234a - Office of Jury Commissioner for the Commonwealth › Section 76 - Contracts and Agreements With, and Gifts, Etc. From Governmental Units

Section 76. The jury commissioner, may in accordance with applicable procurement laws and regulations of the commonwealth, enter into contracts for purchasing or procuring services, equipment, forms, and supplies, including services from the United States postal service, as are necessary or appropriate for the implementation and administration of this chapter.
2023 Massachusetts General Laws › Part III - Courts, Judicial Officers and Proceedings in Civil Cases › Title II - Actions and Proceedings Therein › Chapter 234a - Office of Jury Commissioner for the Commonwealth › Section 77 - Contracts, Agreements, Gifts, etc.; Deposit of Funds

Section 77. The jury commissioner, with the approval of the committee, may enter into contracts and agreements with, and accept gifts, grants, contributions, and bequests of funds from, any department, agency, or subdivision of federal, state, county, or municipal government, and any individual, foundation, corporation, association, or public authority for the purpose of providing or receiving services, facilities, staff assistance, equipment, and supplies in connection with any provisions of this chapter or for the general improvement of the jury system; provided, however, that the jury commissioner shall in applying for grants from any department, agency, or subdivision of the federal government comply with section six B of chapter twenty-nine. Such funds shall be deposited with the state treasurer and may be expended by the office of jury commissioner in accordance with the conditions of such gift, grant, contribution, or bequest, without specific appropriation.
2023 Massachusetts General Laws › Part III - Courts, Judicial Officers and Proceedings in Civil Cases › Title II - Actions and Proceedings Therein › Chapter 234a - Office of Jury Commissioner for the Commonwealth › Section 78 - Management of Jurors by Individual Courts

Section 78. Each court that receives jurors under this chapter shall make a commitment of certain resources and good will for the efficient and courteous management of jurors. The court shall have a juror-pool room, jury boxes, deliberation rooms, and restroom facilities that are adequate in size, secure, clean, light, adequately heated and ventilated, and comfortable. An adequate full-time staff and emergency backup staff shall be specially trained and assigned to supervise jurors and to work cooperatively with and under the guidance of the office of jury commissioner. The juror-pool staff shall be provided with reasonable secretarial services, postage, office supplies, and telephone service. The court and its staff shall attempt to improve juror utilization and management. Attendance, compensation, utilization, and management data shall be provided in a timely manner to the office of jury commissioner. The court shall summon only the minimum number of jurors necessary, cancel jurors as soon as it has been determined that scheduled jurors are not needed, and discharge jurors as early in the day as possible after it has been determined that their services will not be required. The court and its staff shall take all reasonable steps to maximize the comfort and convenience of jurors while performing juror service including, but not limited to, the following: providing parking spaces for jurors where possible; providing separate juror entrances and exits where possible; providing safe and comfortable furniture for jurors; providing for adequate lunch and coffee breaks for jurors and arranging for food and beverages to be available for purchase by jurors during these breaks; providing reasonable access to telephones for the personal and business needs of jurors; adopting special plans and procedures for sequestered jurors; establishing snow emergency procedures; and handling juror inquiries and problems in a courteous and efficient manner. The court shall insure that jurors are properly orientated and welcomed. The court and its staff shall insure that jurors are reasonably informed of matters which are of proper concern to them. The court shall be willing to participate in research and other public-education programs to the extent possible.
2023 Massachusetts General Laws › Part III - Courts, Judicial Officers and Proceedings in Civil Cases › Title II - Actions and Proceedings Therein › Chapter 234a - Office of Jury Commissioner for the Commonwealth › Section 79 - Annual Report of Jury Commissioner

Section 79. On or before the first day of April of each year, the jury commissioner shall issue an annual report for the previous calendar year. The report shall contain a narrative of significant developments in the administration of this chapter in the participating counties. The report may contain recommendations for the improvement of the juror selection and management systems of the commonwealth. The report shall contain demographic and financial data and data on juror management and jurors' satisfaction with the jury system. The report may contain such further matter as deemed appropriate by the jury commissioner or the jury management advisory committee. The report shall be a public document. The report may be incorporated in the annual report of the chief administrative justice of the trial court of the commonwealth.
2023 Massachusetts General Laws › Part III - Courts, Judicial Officers and Proceedings in Civil Cases › Title II - Actions and Proceedings Therein › Chapter 234a - Office of Jury Commissioner for the Commonwealth › Section 80 - Annual Conference of Participants

Section 80. On or before the first day of June of each year, the jury commissioner, with the approval of the jury management advisory committee, may convene a conference with representatives of the cities and towns of the participating counties and other participants. The purpose of this conference shall be to facilitate the administration of this chapter at the local level. The office of jury commissioner shall pay all reasonable costs of the annual conference.
2023 Massachusetts General Laws › Part III - Courts, Judicial Officers and Proceedings in Civil Cases › Title II - Actions and Proceedings Therein › Chapter 235 - Judgment and Execution › Section 4 - Judgment Nunc Pro Tunc

Section 4. Every judgment or order of the supreme judicial, superior or land court shall bear date of the year, month and day when entered; but the court may order it to be entered as of an earlier day than that of entry.
2023 Massachusetts General Laws › Part III - Courts, Judicial Officers and Proceedings in Civil Cases › Title II - Actions and Proceedings Therein › Chapter 235 - Judgment and Execution › Section 6 - Judgment on Default; Several Defendants

Section 6. In an action against two or more defendants upon a contract express or implied, the plaintiff shall be entitled to judgment against such defendants as are defaulted and against those who upon trial are found liable, although it is found that all the defendants are not jointly liable.
2023 Massachusetts General Laws › Part III - Courts, Judicial Officers and Proceedings in Civil Cases › Title II - Actions and Proceedings Therein › Chapter 235 - Judgment and Execution › Section 7 - Judgments Against Defaulting Defendants; Separate Executions

Section 7. If in such action any defendants are defaulted, and upon trial any of the others are found liable, the court shall render judgment both against those defaulted and those found liable for the debt or damages, with costs to the time of the default, and against those who defend, for all costs which accrue after the default; and shall issue separate executions on such judgment.
2023 Massachusetts General Laws › Part III - Courts, Judicial Officers and Proceedings in Civil Cases › Title II - Actions and Proceedings Therein › Chapter 235 - Judgment and Execution › Section 8 - Interest on Judgments; Warrant or Execution

Section 8. When judgment is rendered upon an award of county commissioners, a committee or referees, or upon the report of an auditor or master, or upon the verdict of a jury or the finding of a justice, interest shall be computed upon the amount of the award, report, verdict or finding from the time when made to the time the judgment is entered. Every judgment for the payment of money shall bear interest from the day of its entry at the same rate per annum as provided for prejudgment interest in such award, report, verdict or finding. The warrant or execution issued on a judgment for the payment of money shall specify the day upon which judgment is entered, and shall require the collection or satisfaction thereof with interest from the day of its entry.
2023 Massachusetts General Laws › Part III - Courts, Judicial Officers and Proceedings in Civil Cases › Title II - Actions and Proceedings Therein › Chapter 235 - Judgment and Execution › Section 9 - Judgment for Penalty Forfeited

Section 9. If in an action for a breach of the condition of a bond, or to recover a penalty for the non-performance of a covenant, contract or agreement, it is found that the condition has been broken or the penalty forfeited, judgment shall be entered for the penal sum, but execution shall issue only as provided in the following sections.
2023 Massachusetts General Laws › Part III - Courts, Judicial Officers and Proceedings in Civil Cases › Title II - Actions and Proceedings Therein › Chapter 235 - Judgment and Execution › Section 10 - Judgment for Penal Sum; Amount of Execution

Section 10. The court shall award an execution for so much of the penal sum as is then due and payable in equity and good conscience for the breach of the condition or other non-performance of the contract. The amount shall be determined by the court, unless a jury trial was claimed under section sixty of chapter two hundred and thirty-one or is ordered by the court.
2023 Massachusetts General Laws › Part III - Courts, Judicial Officers and Proceedings in Civil Cases › Title II - Actions and Proceedings Therein › Chapter 235 - Judgment and Execution › Section 11 - Further Damages; Remedy

Section 11. If a further amount afterwards becomes due on such bond or other contract, the plaintiff, his executor or administrator may by a motion in the court in which the judgment was rendered stating the nature of such further breach, cause the original defendant, his executor, administrator, heirs, devisees, or assigns to be summoned before such court to show cause why execution should not be awarded upon the judgment for the damages caused by such further breach.
2023 Massachusetts General Laws › Part III - Courts, Judicial Officers and Proceedings in Civil Cases › Title II - Actions and Proceedings Therein › Chapter 235 - Judgment and Execution › Section 12 - Proceedings in Actions for Further Damages

Section 12. The amount due in such action shall be determined and execution awarded in the same manner as in the original action; and such proceedings may be repeated upon further breaches until the penalty is exhausted.
2023 Massachusetts General Laws › Part III - Courts, Judicial Officers and Proceedings in Civil Cases › Title II - Actions and Proceedings Therein › Chapter 235 - Judgment and Execution › Section 13 - Actions for Damages Instead of Penalty

Section 13. The four preceding sections shall not prevent a person from bringing an action for the breach of a covenant or other contract, instead of suing for the penalty by which the performance of the covenant or contract was secured.
2023 Massachusetts General Laws › Part III - Courts, Judicial Officers and Proceedings in Civil Cases › Title II - Actions and Proceedings Therein › Chapter 235 - Judgment and Execution › Section 14 - Executions in Actions on Judgments

Section 14. (
a
) If a judgment is rendered for the plaintiff by a court in an action founded on a judgment rendered by a court outside of the commonwealth, execution shall not issue until the plaintiff files with the court rendering the judgment in the later action a transcript of the record of the judgment in the earlier case under the seal of the court rendering it, attested by the clerk of such court.
(
b
) If a judgment is rendered for the plaintiff by a court in an action founded on a judgment rendered by a different court, within the commonwealth, execution shall not issue until the plaintiff files with the court rendering the judgment in the later action, a certificate of the judgment in the earlier case under the seal of the court rendering it, attested by the clerk of such court.
2023 Massachusetts General Laws › Part III - Courts, Judicial Officers and Proceedings in Civil Cases › Title II - Actions and Proceedings Therein › Chapter 235 - Judgment and Execution › Section 15 - Action in Erroneous Venue; Execution

Section 15. If judgment is rendered in a local action brought in an erroneous venue, the court shall cause its writ of possession or other writ of execution to be directed to the sheriff of the proper county.
2023 Massachusetts General Laws › Part III - Courts, Judicial Officers and Proceedings in Civil Cases › Title II - Actions and Proceedings Therein › Chapter 235 - Judgment and Execution › Section 16 - Execution Not to Issue Until Appellate Review Exhausted

Section 16. No execution shall issue upon a judgment until the exhaustion of all possible appellate review thereof, and the receipt by the clerk of the trial court of the appropriate rescript or order.
2023 Massachusetts General Laws › Part III - Courts, Judicial Officers and Proceedings in Civil Cases › Title II - Actions and Proceedings Therein › Chapter 235 - Judgment and Execution › Section 17 - Executions; Time for Issuing; Successive Executions; Entry of Satisfactions

Section 17. An original execution shall not issue after the expiration of one year after the party is first entitled to take it out; and an alias or other successive execution shall not issue after the expiration of five years from the return day of that which preceded it. Subject to section twenty of chapter two hundred and sixty, alias or successive executions shall be of full force and effect for five years from the date thereof unless satisfied in whole or discharged by law. All executions shall be returned to the court issuing them within ten days after their satisfaction or discharge. If any execution is returned for any reason to the court issuing the same unsatisfied in whole or in part, the court may, subject to the provisions of this section, order the issue of a new execution for the amount then remaining due.
If an execution having been satisfied in full or discharged by law is not returned within ten days thereafter with an endorsement showing such satisfaction or discharge or is returned without such endorsement the court issuing it may upon motion of the judgment debtor or any person in his behalf order it to be returned or the proper endorsement made thereon, as the case may be. The court may order the return of an execution and the endorsement of any partial satisfaction thereon. The fact of a return of an execution and its satisfaction shall be entered upon the records of the court.
2023 Massachusetts General Laws › Part III - Courts, Judicial Officers and Proceedings in Civil Cases › Title II - Actions and Proceedings Therein › Chapter 235 - Judgment and Execution › Section 19 - Unsatisfied Judgments; Expiration of Time for Taking Out Executions; Remedies

Section 19. If a judgment remains unsatisfied after the expiration of the time for taking out execution thereon, the creditor may obtain a new execution by motion to the court in which such unsatisfied judgment was rendered, or he may at any time after the judgment, subject to section twenty of chapter two hundred and sixty, bring a civil action thereon.
2023 Massachusetts General Laws › Part III - Courts, Judicial Officers and Proceedings in Civil Cases › Title II - Actions and Proceedings Therein › Chapter 235 - Judgment and Execution › Section 20 - Erroneous Levy; New Execution; Motion

Section 20. If an execution is returned satisfied in whole or in part by the sale of property not liable to such execution, and if damages are recovered against the judgment creditor or the officer who served the execution on account of the seizure and sale of such property, the creditor shall be entitled to a new execution for the amount then remaining due him by a motion pursuant to the preceding section.
2023 Massachusetts General Laws › Part III - Courts, Judicial Officers and Proceedings in Civil Cases › Title II - Actions and Proceedings Therein › Chapter 235 - Judgment and Execution › Section 21 - Erroneous Levy on Member of Corporation; Subsequent Proceedings

Section 21. If an execution against a corporation is satisfied in whole or in part by service or levy on the person or property of a member thereof, and the property levied on or damages for the service or levy are subsequently recovered by such member from the officer or judgment creditor, the creditor, upon a motion to the court which rendered the judgment, shall be entitled to a new execution for the amount then remaining due him.
2023 Massachusetts General Laws › Part III - Courts, Judicial Officers and Proceedings in Civil Cases › Title II - Actions and Proceedings Therein › Chapter 235 - Judgment and Execution › Section 22 - Forms of Execution

Section 22. The forms of execution shall be the same as have heretofore been established by law and the usage and practice of the courts. Executions issued upon judgments in civil actions in favor of the commonwealth shall be in form like those in favor of natural persons. Executions issued by a district court for an amount as damages exceeding twenty dollars shall be so framed as to direct a levy upon the lands and tenements of the debtor. Alterations in the forms may be made by the courts, subject to the final control of the supreme judicial court, which may by general rules regulate such changes in all courts of the commonwealth.
2023 Massachusetts General Laws › Part III - Courts, Judicial Officers and Proceedings in Civil Cases › Title II - Actions and Proceedings Therein › Chapter 235 - Judgment and Execution › Section 23 - Execution on Judgments Against Fiduciaries, Sheriffs, etc.; Execution for Possession of Rented or Leased Dwelling

Section 23. Original executions issuing on judgments against executors, administrators, trustees and other fiduciary officers in their representative capacity, including any such original execution running against two or more parties, any one or more of whom are fiduciary officers as aforesaid in their representative capacity, or against sheriffs under section ten of chapter thirty-seven, or on special judgments entered under section twenty-four, shall be made returnable within sixty days after the date of the execution. Except as hereinafter provided, in all other cases, original executions shall be made returnable within twenty years after the date of the judgment.
Executions for possession of premises rented or leased for dwelling purposes obtained in actions pursuant to chapter two hundred and thirty-nine shall not be issued later than three months following the date of judgment, except that any period during which execution was stayed by order of the court or by an agreement of the parties filed with the court shall be excluded from the computation of the period of limitation. Such executions shall be made returnable within three months after the date of issuance and shall state the date of issuance and the return date. No sheriff, constable, officer, or other person shall serve or levy upon any such execution for possession later than three months following the date of the issuance of the execution.
2023 Massachusetts General Laws › Part III - Courts, Judicial Officers and Proceedings in Civil Cases › Title II - Actions and Proceedings Therein › Chapter 235 - Judgment and Execution › Section 24 - Bankruptcy or Insolvency; Successive Executions on Unsatisfied Judgments; Remedies

Section 24. If a plaintiff would be entitled to a judgment or a decree, except for the bankruptcy or insolvency of the debtor or his discharge therein, and if, more than four months prior to the commencement of proceedings in bankruptcy, or, in voluntary proceedings in insolvency, more than four months prior to the time of the first publication of the notice of the issuing of the warrant, or, in involuntary proceedings more than four months prior to the first publication of the notice of the petition, or, in proceedings in composition in insolvency in which no assignment has been made, more than four months prior to the notice by the register to the creditors of the debtor's proposal of composition, any property, estate, interest or money of a debtor has been attached, or brought within the control of a court of equity by proceedings under clause (6) of section three of chapter two hundred and fourteen, by other proceedings, or by payment into court, the court may at any time upon motion enter a special judgment or decree for the plaintiff, for the amount of his debt or damages and costs, or for such other relief as he may be entitled to, to be enforced in the first instance only against the property, estate, interest or money, so attached or brought within the control of a court of equity. If such property, estate, interest or money shall be insufficient to satisfy the judgment or decree in full, the court may thereafter, if the debtor's discharge is refused, or if he shall unreasonably delay to prosecute said proceedings to a discharge, order an alias or other successive execution or other process to be issued upon such judgment or decree for such portion thereof as remains unsatisfied. The creditor shall also in case of such refusal or delay be entitled to the remedies provided in section nineteen. This section shall not impair the powers which courts of equity may otherwise exercise.
2023 Massachusetts General Laws › Part III - Courts, Judicial Officers and Proceedings in Civil Cases › Title II - Actions and Proceedings Therein › Chapter 235 - Judgment and Execution › Section 25 - Special Judgment Where Insolvent, etc., Has Given Bond to Dissolve an Attachment

Section 25. If a plaintiff would be entitled to a judgment or decree except for the bankruptcy or insolvency of a defendant, or his discharge therein, who has given a bond to dissolve an attachment or to release money or property brought within the control of a court of equity in any manner specified in the preceding section, which attachment was made or money or property brought within control more than four months prior to the commencement of proceedings in bankruptcy, or, in voluntary proceedings in insolvency, more than four months prior to the first publication of the notice of the issuing of the warrant, or, in involuntary proceedings in insolvency, more than four months prior to the first publication of the notice of the filing of the petition, or, in proceedings in composition in insolvency in which no assignment has been made, more than four months prior to the notice by the register to the creditors of the debtor's proposal of composition, the court may at any time, upon motion, enter a special judgment or decree for the plaintiff, which shall be a sufficient judgment or decree, within the meaning of the condition of the bond, if like that set forth in sections one hundred and twenty and one hundred and twenty-five of chapter two hundred and twenty-three, to enable him to maintain an action against the sureties thereon.
2023 Massachusetts General Laws › Part III - Courts, Judicial Officers and Proceedings in Civil Cases › Title II - Actions and Proceedings Therein › Chapter 235 - Judgment and Execution › Section 26 - Petitioner for Review Adjudged Bankrupt, etc.; Special Judgments

Section 26. The court may enter a special judgment, with like effect, if a defendant who petitions for a review is adjudged a bankrupt, or a warrant in insolvency is issued against his estate, or he is discharged upon proceedings in composition if no assignment has been made, before or after having given the security required upon such petition, and if the attachment in the original action was not made within the time named in the preceding section.
2023 Massachusetts General Laws › Part III - Courts, Judicial Officers and Proceedings in Civil Cases › Title II - Actions and Proceedings Therein › Chapter 235 - Judgment and Execution › Section 27 - Set-Off of Execution Generally; Exceptions

Section 27. Executions between the same parties may, if required by either party, be set off one against the other. In such case, the debtor in an execution which has been delivered to an officer to be served shall deliver his execution to the same officer, whether directed to him or to another, and the officer shall apply the smaller execution, so far as it will extend, to the satisfaction of the larger execution, and the balance due on the larger execution may be collected and paid by him as if there had been no set-off; but such set-off shall not be allowed—
First, If the creditor in one of the executions is not, in the same capacity and trust, the debtor in the other.
Second, If the amount due on the first execution was lawfully and in good faith assigned to another person before the creditor in the second execution became entitled to the amount due thereon.
Third, If there are several creditors in one execution, from a part of whom only the amount due on the other is due.
Fourth, If there are several debtors in one execution, to a part of whom only the amount due on the other is due.
Fifth, As to the portion of either execution upon which the attorney has a lien under section fifty of chapter two hundred and twenty-one.
2023 Massachusetts General Laws › Part III - Courts, Judicial Officers and Proceedings in Civil Cases › Title II - Actions and Proceedings Therein › Chapter 235 - Judgment and Execution › Section 28 - Levy of Execution; Service; Executions in the Alternative

Section 28. If an execution is in the alternative, so that it may be lawfully served in any of two or more ways, the creditor or his attorney may require the officer to serve it in any of said ways; and the officer shall conform to such directions if it is in his power.
2023 Massachusetts General Laws › Part III - Courts, Judicial Officers and Proceedings in Civil Cases › Title II - Actions and Proceedings Therein › Chapter 235 - Judgment and Execution › Section 29 - Levy of Execution on Land; Personal Property

Section 29. If the creditor directs an officer to levy his execution on land, the officer shall serve it as provided in the following chapter. If he directs the officer to levy it on the personal property of the debtor, the officer shall serve it as provided in the following sections.
2023 Massachusetts General Laws › Part III - Courts, Judicial Officers and Proceedings in Civil Cases › Title II - Actions and Proceedings Therein › Chapter 235 - Judgment and Execution › Section 33 - Bank Notes Taken on Execution

Section 33. Bank notes and all other bills or evidences of debt, issued by a moneyed corporation and circulated as money, may be taken on execution and paid to the creditor at their par value as money collected, if he will accept them; otherwise, they shall be sold like other chattels.
2023 Massachusetts General Laws › Part III - Courts, Judicial Officers and Proceedings in Civil Cases › Title II - Actions and Proceedings Therein › Chapter 235 - Judgment and Execution › Section 34a - Annuities, Pensions, Profit Sharing or Retirement Plans; Insolvency; Attachment

Section 34A. The right or interest of any person in an annuity, pension, profit sharing or other retirement plan subject to the federal Employee Retirement Income Security Act of 1974, in any plan maintained by one or more self-employed individuals as a Keogh Plan, so-called, in any plan maintained by a corporation or other business organization pursuant to section 401(a) of the Internal Revenue Code but not subject to the federal Employee Retirement Income Security Act of 1974, or in any Simplified Employee Plan, annuity plan to which the provisions of section 403(b) of the Internal Revenue Code apply or Individual Retirement Account or Annuity maintained by an individual, or in any annuity or similar contract distributed from or purchased with assets distributed from any of the foregoing, shall be exempt from the operation of any law relating to insolvency and shall not be attached or taken on execution or other process to satisfy any debt or liability of such person, except as may be necessary to satisfy (i) an order of a court of competent jurisdiction concerning divorce, separate maintenance or child support or (ii), in the event of the conviction of such person of a crime, an order of a court requiring such person to satisfy a monetary penalty or make restitution to the victim of such crime. The exemption in this section for plans maintained by an individual, whether or not self-employed, shall not apply to sums deposited, determined without regard to deposits pursuant to a rollover or transfer except to the extent protection under this section would be limited in the absence of a rollover or transfer, in said plans during the five year period preceding the individual's declaration of bankruptcy or entry of judgment in excess of 7 per cent of the total income of such individual for such period.
2023 Massachusetts General Laws › Part III - Courts, Judicial Officers and Proceedings in Civil Cases › Title II - Actions and Proceedings Therein › Chapter 235 - Judgment and Execution › Section 35 - Indemnification of Officer

Section 35. If there is reasonable doubt as to the ownership of personal property or as to its liability to be taken on execution, before or after the execution has been levied thereon, the officer may require sufficient security from the creditor to indemnify him for taking or continuing to hold the same. If sufficient security is not furnished within a reasonable time after the officer has made a written demand upon the creditor or his attorney, the officer may refuse to levy the execution or, if he has already levied it, may discharge his levy, without liability to the creditor therefor.
2023 Massachusetts General Laws › Part III - Courts, Judicial Officers and Proceedings in Civil Cases › Title II - Actions and Proceedings Therein › Chapter 235 - Judgment and Execution › Section 36 - Sale of Personalty on Execution; Costs

Section 36. Personal property seized on execution shall be safely kept by the officer, at the expense of the debtor, for four days at least; and shall be sold by public auction within fourteen days next after the seizure, except as provided in the following sections, unless the debtor before such sale redeems it by otherwise satisfying the execution.
2023 Massachusetts General Laws › Part III - Courts, Judicial Officers and Proceedings in Civil Cases › Title II - Actions and Proceedings Therein › Chapter 235 - Judgment and Execution › Section 37 - Notice of Sale

Section 37. The officer shall give notice of the time and place of sale by causing notices thereof to be posted forty-eight hours at least before the time of sale in a public place in the town where the sale is to be made, or by causing an advertisement of the time and place of sale to be published in a newspaper, if any, published in the town where the debtor had his last and usual place of residence.
2023 Massachusetts General Laws › Part III - Courts, Judicial Officers and Proceedings in Civil Cases › Title II - Actions and Proceedings Therein › Chapter 235 - Judgment and Execution › Section 38 - Property Valued in Excess of Three Hundred Dollars; Notice of Sale

Section 38. If the value of such property to be sold exceeds three hundred dollars, the officer shall, at the request of either party, give notice of the sale by advertisement in a newspaper as provided in the preceding section; and the sale may be made at any time after the expiration of four days, and within thirty days after seizure on execution.
2023 Massachusetts General Laws › Part III - Courts, Judicial Officers and Proceedings in Civil Cases › Title II - Actions and Proceedings Therein › Chapter 235 - Judgment and Execution › Section 39 - Adjournment of Sale; Notice

Section 39. If, at the time appointed for the sale, the officer considers it for the interest of all persons concerned to postpone it, he may adjourn it for not more than seven days, and so from time to time until the sale is completed; giving notice of every such adjournment by a public declaration thereof at the time and place previously appointed for the sale.
2023 Massachusetts General Laws › Part III - Courts, Judicial Officers and Proceedings in Civil Cases › Title II - Actions and Proceedings Therein › Chapter 235 - Judgment and Execution › Section 40 - Adjournment Upon Injunction

Section 40. If a sale of such property on execution is enjoined, it may be adjourned by the court granting the injunction to await further order of the court, and upon dissolution of the injunction the court may order the sale to proceed, and may order additional notice of the adjourned sale.