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 230 - Actions by and Against Executors and Administrators › Section 12 - Death or Removal of Fiduciary After Judgment

Section 12. If an executor or administrator dies or is removed after judgment has been rendered for or against him by the probate court, such court may issue a writ of scire facias in favor of or against the administrator de bonis non; and if an executor or administrator dies or is removed after judgment has been rendered for or against him by the supreme judicial, superior, district or land court, such court may upon motion amend such judgment in favor of or against the administrator de bonis non; and a new execution may be issued upon the scire facias or amended judgment in like manner as may be done in favor of or against an original executor or administrator in case of death of his testator or intestate after a judgment rendered for or against him; except that a judgment against the first executor or administrator for costs for which he was personally liable shall be enforced only against his executor or administrator and not against the administrator de bonis non.
2023 Massachusetts General Laws › Part III - Courts, Judicial Officers and Proceedings in Civil Cases › Title II - Actions and Proceedings Therein › Chapter 230 - Actions by and Against Executors and Administrators › Section 13 - Appeal

Section 13. If judgment is rendered for or against an executor or administrator, an appeal may be claimed therefrom by or against an administrator de bonis non in like manner as it might have been claimed by or against the executor or administrator who was party to the 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 6 - Assignee of Claim Assigned by Executor or Administrator, Proceedings

Section 6. In an action for the recovery of an outstanding debt or claim sold or assigned by an executor or administrator under a license of the probate court costs shall be recovered by or against the plaintiff but not against the executor or administrator. Any such action which is not governed by the Massachusetts Rules of Civil Procedure or the District-Municipal Courts Rules of Civil Procedure shall be brought in the names of the purchaser or assignee, and the fact of the sale shall be set forth in the pleadings. The defendant may avail himself of any defense which would have been open to him upon an action or proceeding brought by an executor or administrator.
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 6b - Interest Added to Damages in Tort Actions

Section 6B. In any action in which a verdict is rendered or a finding made or an order for judgment made for pecuniary damages for personal injuries to the plaintiff or for consequential damages, or for damage to property, there shall be added by the clerk of court to the amount of damages interest thereon at the rate of twelve per cent per annum from the date of commencement of the action even though such interest brings the amount of the verdict or finding beyond the maximum liability imposed by law.
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 6c - Interest Added to Damages in Contract Actions

Section 6C. In all actions based on contractual obligations, upon a verdict, finding or order for judgment for pecuniary damages, interest shall be added by the clerk of the court to the amount of damages, at the contract rate, if established, or at the rate of twelve per cent per annum from the date of the breach or demand. If the date of the breach or demand is not established, interest shall be added by the clerk of the court, at such contractual rate, or at the rate of twelve per cent per annum from the date of the commencement of the action, provided, however, that in all actions based on contractual obligations, upon a verdict, finding or order for judgment against the commonwealth for pecuniary damages, interest shall be added by the clerk of the court to the amount of damages, at the contract rate, if established, or at a rate calculated pursuant to the provisions of section six I from the date of the breach or demand. If the date of the breach or demand is not established, such interest shall be added by the clerk of the court from the date of the commencement of the action.
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 6d - Damages for Pain and Suffering in Tort Actions Arising Out of Operation, etc., of Motor Vehicles; Restrictions

Section 6D. In any action of tort brought as a result of bodily injury, sickness or disease, arising out of the ownership, operation, maintenance or use of a motor vehicle within this commonwealth by the defendant, a plaintiff may recover damages for pain and suffering, including mental suffering associated with such injury, sickness or disease, only if the reasonable and necessary expenses incurred in treating such injury, sickness or disease for necessary medical, surgical, x-ray and dental services, including prosthetic devices, and necessary ambulance, hospital, professional nursing and funeral expenses are determined to be in excess of two thousand dollars unless such injury, sickness or disease (1) causes death, or (2) consists in whole or in part of loss of a body member, or (3) consists in whole or in part of permanent and serious disfigurement, or (4) results in such loss of sight or hearing as is described in paragraphs (a), (b), (c), (d), (e), (f) and (g) of section thirty-six of chapter one hundred and fifty-two or (5) consists of a fracture.
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 6e - Definitions Applicable to Sections 6e to 6g

Section 6E. As used in sections 6E to 6G inclusive, the following words shall have the following meanings:—
''Court'', the supreme judicial court, the appeals court, the superior court, the land court, any probate court and any housing court, and any judge or justice thereof;
''Civil action'', any civil proceeding in any court except those conducted pursuant to chapters one hundred and nineteen, one hundred and twenty-three, chapter one hundred and twenty-three A or chapter two hundred and ten;
''Party'', any person, including any officer or agency of the commonwealth or subdivision thereof, or any authority established by the general court to serve a public purpose.
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 6g - Appeals; Motions for Expenses for Insubstantial, Frivolous or Bad Faith Claims or Defenses

Section 6G. Any party aggrieved by a decision on a motion pursuant to section six F may appeal as hereinafter provided. If the matter arises in the superior, land, housing or probate court, the appeal shall be to the single justice of the appeals court at the next sitting thereof. If the matter arises in the appeals court or before a single justice of the supreme judicial court, the appeal shall be to the full bench of the supreme judicial court. The court deciding the appeal shall review the finding and award, if any, appealed from as if it were initially deciding the matter, and may withdraw or amend any finding or reduce or rescind any award when in its judgment the facts so warrant.
Any party may file a notice of appeal with the clerk or register of the court hearing the motion within ten days after receiving notice of the decision thereon. The clerk or register shall then forward the motion, the court's findings and award, and any other documents relevant to the appeal to the clerk of the court deciding the appeal who, upon receipt thereof, shall refer the matter to the court for speedy decision and shall notify the parties of such decision, which shall be final. Any appeal to the supreme judicial court or the appeals court shall proceed according to the Massachusetts Rules of Appellate Procedure; any appeal to a single justice of the Appeals Court shall proceed under the rules for the regulation of practice before a single justice of that court. The payment of any award made pursuant to section six F shall be stayed until the completion of all appeals relating to the civil action in which the award was made.
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 6h - Interest on Damages

Section 6H. In any action in which damages are awarded, but in which interest on said damages is not otherwise provided by law, there shall be added by the clerk of court to the amount of damages interest thereon at the rate provided by section six B to be determined from the date of commencement of the action even though such interest brings the amount of the verdict or finding beyond the maximum liability imposed by law.
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 6i - Interest Rate; Schedule

Section 6I. Interest required to be paid by the commonwealth pursuant to this section shall be calculated at a Weekly average one-year constant maturity Treasury yield, as published by the Board of Governors of the Federal Reserve System, for the calendar week preceding date of the judgment; provided, however, that such interest shall not exceed the rate of ten percent per annum. The secretary of administration and finance shall maintain a schedule of the rate described above for the distribution to all clerks of courts.
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 13a - Invalidity of Stipulation Waiving Service of Process or Authorizing Confession of Judgment; Vacation of Judgment

Section 13A. Any judgment entered in an action upon a contract, promissory note or other instrument in which or in a memorandum or writing relating to which is contained a stipulation, whereby the defendant in such action waived or agreed to waive or authorized another person to waive or agree to waive the issue or service of process in such an action shall be set aside or vacated on motion of the defendant, unless it appears that service in the usual manner was had upon him or that the plaintiff sent to him by registered mail at least seven days before the entry of such action a notice of his intention to enter the same on said day and at the time of entry filed an affidavit of giving notice as aforesaid, which affidavit shall be prima facie evidence of the giving thereof. Any stipulation in a contract, promissory note or other instrument, or in any memorandum or writing relating thereto, whereby a party thereto agrees to confess judgment in any action which may be brought thereon or authorizes or agrees to authorize another person to confess judgment as aforesaid shall be void and any judgment by confession taken in pursuance of such a stipulation shall be set aside or vacated on motion of the defendant. When a judgment is set aside or vacated under the authority of this section, all outstanding executions issued thereon shall be stayed or superseded without security.
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 13b - Ad Damnum or Monetary Amount Claimed

Section 13B. No complaint in any civil action shall contain an ad damnum or monetary amount claimed against any defendant, unless such ad damnum or monetary amount claimed indicates damages which are liquidated or ascertainable by calculation and a statement under oath by a person having knowledge thereof is attached to such complaint setting forth the manner in which the amount of said damages was calculated. For the purposes of this section complaint shall include a claim, crossclaim or counterclaim. In civil actions in the superior court, parties, through their counsel, may suggest a specific monetary amount for damages at trial.
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 21 - Pleading Following Answer in Abatement

Section 21. If an answer in abatement filed in the land court in an action which is not governed by the Massachusetts Rules of Civil Procedure is overruled on demurrer, or, if, in consequence of such answer in abatement, the plaintiff amends, the defendant within such time as the court orders shall plead to the merits.
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 22 - Pleading the General Issue; Evidence

Section 22. In real and mixed actions in the land court which are not governed by the Massachusetts Rules of Civil Procedure, the defendant may plead the general issue and may give in evidence thereunder all matters which he might formerly have pleaded in bar.
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 31 - Equitable Defenses

Section 31. In the district courts, the defendant may allege in defense any facts which would entitle him in equity to be absolutely and unconditionally relieved against the plaintiff's claim or cause of action or against a judgment recovered by the plaintiff in such action.
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 35 - Reply Avoiding Defense in Equity

Section 35. In civil proceedings which are not governed by the Massachusetts Rules of Civil Procedure, the plaintiff may, in reply to a defense alleged by the defendant, allege any facts which would in equity avoid such defense or which would entitle the plaintiff to be absolutely and unconditionally relieved in equity against such defense.
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 42 - Endorsement of Pleading or Process Before Filing or Entry; Residence

Section 42. Any initial pleading or process by which an action is commenced by a plaintiff who is not an inhabitant of the commonwealth, shall before the filing or entry thereof, be endorsed by a responsible person who is such an inhabitant; but if one of the plaintiffs is such an inhabitant, the pleading or process need not be so endorsed. Every endorser, in case of avoidance or inability of the plaintiff, shall be liable to pay all costs awarded against the plaintiff if an action therefor is commenced within one year after the original 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 43 - Late Endorsement of Pleading or Process

Section 43. If a plaintiff, not an inhabitant of the commonwealth, fails, by accident, mistake or inadvertence, to have his pleading or process endorsed as required by the preceding section, the court may at any stage of the case, upon terms, allow him to procure an endorser with the same effect as if the pleading or process had been endorsed before the filing or entry thereof.
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 44 - Endorsement When Plaintiff Removes From Commonwealth

Section 44. If, after the commencement of a proceeding mentioned in section forty-two, the plaintiff removes from the commonwealth, the court, upon motion of any other party, shall, and of its own motion may, require the plaintiff to procure a responsible endorser.
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 48 - Substitute Endorser

Section 48. The court may permit the name of an endorser to be stricken out and a new and responsible endorser substituted. Every endorser shall be liable for costs from the commencement of the action.
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 51 - Amendments as to Parties, Process or Pleading

Section 51. In all civil proceedings, the court may at any time, allow amendments adding a party, discontinuing as to a party or changing the form of the action, and may allow any other amendment in matter of form or substance in any process, pleading or proceeding, which may enable the plaintiff to sustain the action for the cause or for recovery for the injury for which the action was intended to be brought, or enable the defendant to make a legal defense. Any amendment allowed pursuant to this section or pursuant to the Massachusetts Rules of Civil Procedure shall relate to the original pleading.
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 52 - Amendment After Demurrer

Section 52. In all civil proceedings which are not governed by the Massachusetts Rules of Civil Procedure or by the District-Municipal Courts Rules of Civil Procedure, the court may allow a party to whose pleadings a demurrer has been filed to amend, upon terms, within such time as it orders.
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 58a - Notice of Default to Company Issuing Motor Vehicle Liability Policy or Bond; Assessment of Damages Deferred

Section 58A. Damages shall not be assessed, except by special order of the court, in an action in which payment of the judgment is secured by a motor vehicle liability policy or a motor vehicle liability bond, both as defined in section thirty-four A of chapter ninety, and wherein the defendant has been defaulted for failure to enter an appearance, until the expiration of four days after the plaintiff has given notice of such default to the company issuing or executing such policy or bond, and has filed an affidavit thereof. Such notice may be given by mailing the same, postage prepaid, to the said company or to its agent who issued or executed such policy or bond.
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 59a - Advancing Action for Speedy Trial

Section 59A. In any action before the supreme judicial court or superior court, the court may, on motion for cause shown, advance the action for a speedy trial. If the court finds that the plaintiff seeks to recover solely for his personal labor, with or without interest, the court shall, upon motion, advance such action for speedy trial.
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 59c - Request of Either Party

Section 59C. An action pending before the superior court which alleges malpractice, error or mistake against a physician, surgeon, dentist, optometrist, hospital or sanitarium shall, at the request of either party, be advanced by the court so that it may be heard and determined with as little delay as possible.
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 59d - Speedy Trial of Actions Involving Election Laws

Section 59D. An action commenced in any court of this commonwealth to determine the results of an election, primary or caucus, or to enforce, determine the meaning or application of any of the provisions of chapters fifty to fifty-four A, inclusive, on motion of any party thereto, shall be advanced by the court for speedy trial so that it may be heard and determined with as little delay as possible.
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 59e - Request of Either Party

Section 59E. At the request of any party a proceeding brought to determine the validity of any action taken by a housing authority or a redevelopment authority under chapters one hundred and twenty-one or one hundred and twenty-one A or under section thirteen of chapter six hundred and fifty-two of the acts of nineteen hundred and sixty shall be advanced for speedy hearing.
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 59f - Speedy Trial for Persons Sixty-Five Years of Age or Older

Section 59F. In any civil action in any court of the commonwealth in which one or more of the parties at the time of commencement of the proceeding is sixty-five years of age or older or during the pendency of the proceeding attains the age of sixty-five, the court shall, upon motion of such person, advance the proceeding for speedy trial so that it may be heard and determined with as little delay as possible.
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 59g - Dismissal for Failure to File a Timely Request for Trial; Vacation of Judgment

Section 59G. After notice of judgement a judgement of dismissal for failure to file a timely request for trial entered in an action in the district court shall be vacated upon the filing of a motion therefor within thirty days from entry of said judgement together with a request for trial. Such vacation of judgement shall take effect upon the filing of such motion and request for trial, and upon such vacation the original date of commencement of such action shall control for the purpose of determining compliance with time limitations for actions set forth in chapter two hundred and sixty. The term ''district court'' as used in this section shall include the Boston municipal court department and any division of the district court department.
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 59h - Strategic Litigation Against Public Participation; Special Motion to Dismiss

Section 59H. In any case, except a case brought pursuant to section 11I1/2 of chapter 12, in which a party asserts that the civil claims, counterclaims, or cross claims against said party are based on said party's exercise of its right of petition under the constitution of the United States or of the commonwealth, said party may bring a special motion to dismiss. The court shall advance any such special motion so that it may be heard and determined as expeditiously as possible. The court shall grant such special motion, unless the party against whom such special motion is made shows that: (1) the moving party's exercise of its right to petition was devoid of any reasonable factual support or any arguable basis in law and (2) the moving party's acts caused actual injury to the responding party. In making its determination, the court shall consider the pleadings and supporting and opposing affidavits stating the facts upon which the liability or defense is based.
The attorney general, on his behalf or on behalf of any government agency or subdivision to which the moving party's acts were directed, may intervene to defend or otherwise support the moving party on such special motion.
All discovery proceedings shall be stayed upon the filing of the special motion under this section; provided, however, that the court, on motion and after a hearing and for good cause shown, may order that specified discovery be conducted. The stay of discovery shall remain in effect until notice of entry of the order ruling on the special motion.
Said special motion to dismiss may be filed within sixty days of the service of the complaint or, in the court's discretion, at any later time upon terms it deems proper.
If the court grants such special motion to dismiss, the court shall award the moving party costs and reasonable attorney's fees, including those incurred for the special motion and any related discovery matters. Nothing in this section shall affect or preclude the right of the moving party to any remedy otherwise authorized by law.
As used in this section, the words ''a party's exercise of its right of petition'' shall mean any written or oral statement made before or submitted to a legislative, executive, or judicial body, or any other governmental proceeding; any written or oral statement made in connection with an issue under consideration or review by a legislative, executive, or judicial body, or any other governmental proceeding; any statement reasonably likely to encourage consideration or review of an issue by a legislative, executive, or judicial body or any other governmental proceeding; any statement reasonably likely to enlist public participation in an effort to effect such consideration; or any other statement falling within constitutional protection of the right to petition government.
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 60c - Malpractice Complaints; Ad Damnum Prohibited

Section 60C. No writ or complaint for malpractice, error or mistake against a provider of health care shall contain an ad damnum or monetary amount claimed against such defendant.
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 60d - Claim by Minor Against Provider of Health Care; Limitations

Section 60D. Notwithstanding the provisions of section seven of chapter two hundred and sixty, any claim by a minor against a health care provider stemming from professional services or health care rendered, whether in contract or tort, based on an alleged act, omission or neglect shall be commenced within three years from the date the cause of action accrues, except that a minor under the full age of six years shall have until his ninth birthday in which the action may be commenced, but in no event shall any such action be commenced more than seven years after occurrence of the act or omission which is the alleged cause of the injury upon which such action is based except where the action is based upon the leaving of a foreign object in the body.
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 60e - Malpractice Action; Professional Examination of Claimant

Section 60E. In any civil action for malpractice, error or mistake against a provider of health care where an impartial medical examination has not been ordered at a hearing under the provisions of section sixty B, the presiding justice at a trial may upon the application of either party or upon his own decision appoint an impartial and qualified physician or surgeon or other related professional person or expert to conduct any necessary professional or expert examination of the claimant or relevant evidentiary matter and to report to or testify as a witness thereto. Such a witness shall be allowed traveling expenses and a reasonable fee to be fixed by said justice.
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 60h - Limitation of Damages for Pain and Suffering

Section 60H. In any action for malpractice, negligence, error, omission, mistake or the unauthorized rendering of professional services, other than actions brought under section two of chapter two hundred and twenty-nine, against a provider of health care, the court shall instruct the jury that in the event they find the defendant liable, they shall not award the plaintiff more than five hundred thousand dollars for pain and suffering, loss of companionship, embarrassment and other items of general damages unless the jury determines that there is a substantial or permanent loss or impairment of a bodily function or substantial disfigurement, or other special circumstances in the case which warrant a finding that imposition of such a limitation would deprive the plaintiff of just compensation for the injuries sustained. In any such action which is tried without a jury, the court shall not award the plaintiff more than five hundred thousand dollars for pain and suffering, loss of companionship, embarrassment and other items of general damages unless the aforesaid findings are made specially by the court and stated separately in the judgment entered by the court. Except in those cases where the aforesaid findings are made, if two or more plaintiffs have received verdicts or findings of such damages in a total amount, for all plaintiffs claiming damages from a single occurrence, transaction, act of malpractice, or injury which exceeds five hundred thousand dollars, the amount of such damages recoverable by each plaintiff will be reduced to a percentage of five hundred thousand dollars proportionate to that plaintiff's share of the total amount of such damages for all plaintiffs. Such limit shall apply, except in those cases where the aforesaid findings are made, regardless of the number of persons liable jointly or severally for the said damages.
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 60i - Attorney Fees; Limitations on Contingency Fees

Section 60I. Attorney fees for services rendered on behalf of a claimant or defendant in a medical negligence case shall be fair and reasonable. An attorney representing a claimant may charge a client a contingency fee, which shall be subject to the rules and guidelines of the supreme judicial court. No contingent fee agreement, shall be enforced, and no attorney shall recover a fee thereunder, as a result of services rendered in an action against a provider of health care for malpractice, negligence, error, omission, mistake, or the unauthorized rendering of professional services if, at the time of judgment, the court determines that the amount of the recovery paid or to be paid to the plaintiff, after deduction of the attorney's reasonable expenses and disbursements for which the plaintiff is liable and the amount of the attorney's fee, is less than the total amount of the plaintiff's unpaid past and future medical expenses included in the recovery, unless the contingent attorney's fee: (a) is twenty per cent or less of the plaintiff's recovery; (b) is reduced to twenty per cent or less of the plaintiff's recovery; or (c) is reduced to a level which permits the plaintiff to be paid his unpaid past and future medical expenses included in the recovery.
An attorney shall not contract for or collect a contingent fee for representing any person seeking damages in connection with an action for malpractice, negligence, error, omission, mistake, or the unauthorized rendering of professional services against a provider of health care in excess of the following limits:
(1) Forty per cent of the first one hundred and fifty thousand dollars recovered;
(2) Thirty-three and one-third per cent of the next one hundred and fifty thousand dollars recovered;
(3) Thirty per cent of the next two hundred thousand dollars recovered;
(4) Twenty-five per cent of any amount by which the recovery exceeds five hundred thousand dollars.
The limitations shall apply regardless of whether the recovery is by settlement, arbitration or judgment. Nothing herein shall preclude any attorney from contracting to represent a client for less than the above limits, nor shall anything herein preclude a court from assessing reasonable attorney's fees at any amount below the above limits or from determining that attorney's fees below such limits are unreasonably high in a particular 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 60j - Negligence Actions for Serving Alcoholic Beverages to Minors or Intoxicated Persons; Summary Judgments

Section 60J. Every action for negligence in the distribution, sale or serving of alcoholic beverages to a minor or to an intoxicated person shall be commenced in the superior court department and shall proceed according to the Massachusetts Rules of Civil Procedure unless otherwise provided for by this section.
The plaintiff shall file, together with his complaint, or at such later time not to exceed ninety days thereafter, an affidavit setting forth sufficient facts to raise a legitimate question of liability appropriate for judicial inquiry.
Any party may make a motion for summary judgment pursuant to Rule 56 of the Massachusetts Rules of Civil Procedure. Any such motion shall be heard and decided promptly after issue is joined as to any party, unless the court enlarges the time for discovery. Said enlarged time for discovery shall not exceed ninety days, except on further order of the court.
On or within thirty days of filing a notice of appeal from summary judgment adverse to a plaintiff, the plaintiff shall file a bond in the amount of two thousand dollars for each adverse party on appeal secured by cash or its equivalent with the clerk of the appellate court in which the case is pending. Said bond shall be payable to the named adverse party or parties for costs assessed and attorney fees on appeal, if the appellant does not prevail on appeal. Upon motion filed by the plaintiff, and a determination by a single justice of the appellate court that the plaintiff is indigent, said justice may reduce or eliminate the amount of the bond.
If a judgment is entered for a plaintiff, the court shall report its judgment to the alcoholic beverages control commission.
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 60k - Actions for Malpractice, Negligence, Etc. Against Health Care Providers; Damages; Rate of Interest

Section 60K. In any action for malpractice, negligence, error, omission, mistake or unauthorized rendering of professional services, other than actions brought under section 2 of Chapter 229, against a provider of health care, in which a verdict is rendered or a finding made or an order for judgment made for pecuniary damages for personal injuries to the plaintiff or for consequential damages, there shall be added by the clerk of the court to the amount of damages interest thereon, at a rate to be determined as set forth below rather than the rate specified in section 6B of chapter 231, from the date of the commencement of the action even though such interest brings the amount of the verdict or finding beyond the maximum liability imposed by law. For all actions commenced after the effective date of this act, the rate of interest to be applied by the clerk shall be at a rate equal to the weekly average 1–year constant maturity Treasury yield plus 2 per cent, as published by the Board of Governors of the Federal Reserve System for the calendar week preceding the date of judgment. At no point shall the rate of interest established by this section exceed the rate of interest set forth in said section 6B of chapter 231.
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 61 - Filing Interrogatories

Section 61. The provisions of this section and of sections sixty-two through sixty-nine, inclusive, shall be applicable only to civil proceedings which are not governed by the Massachusetts Rules of Civil Procedure or the District-Municipal Courts Rules of Civil Procedure. Any party, after the commencement of an action, may interrogate an adverse party for the discovery of facts and documents admissible in evidence at the trial of the case. No party shall file as of right more than thirty interrogatories, including interrogatories subsidiary or incidental to, or dependent upon, other interrogatories, and however the same may be grouped, combined or arranged; but for adequate cause shown, the court may allow additional interrogatories to be filed. The word ''party'', in this section, in sections sixty-two to sixty-five, inclusive, and in section sixty-seven, shall be deemed to include parties intervening or otherwise admitted after the beginning of the suit.
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 62 - Answers to Interrogatories

Section 62. The answers shall be in writing, on oath, and signed by the party interrogated, who shall, before making answer, make such inquiry of his agents, servants and attorneys as will enable him to make full and true answers to the interrogatories. Said answers shall state the date on which the same were signed.
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 63 - Rules Governing Use of Interrogatories

Section 63. Interrogatories shall be filed in the clerk's office, and notice of such filing, with a copy of the interrogatories, shall be sent by the party interrogating to the party interrogated, or to his attorney of record, and the party interrogated shall file answers to such interrogatories within twenty days after such notice, unless the court otherwise orders; but no party interrogated shall be obliged to answer a question or produce a document tending to criminate him or to disclose his title to any property the title whereof is not material to an issue in the proceeding in the course of which he is interrogated, nor to disclose the names of witnesses, except that the court may compel the party interrogated to disclose the names of witnesses and their addresses if justice seems to require it, upon such terms and conditions as the court deems expedient. A party shall not interrogate an adverse party more than once unless the court otherwise orders.
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 64 - Failure to Answer or to Amend or Expunge Answer

Section 64. If a party interrogated fails to answer interrogatories, or to amend or expunge an answer or part of an answer as ordered, the court may make and enter such order, judgment or decree as justice requires except that judgment shall not be entered because of the failure of the party interrogated to answer interrogatories until five days after written notice that such judgment will be entered has been sent by the clerk of the court to said party interrogated, or his attorney of record.
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 65 - Person Answering Interrogatories When Corporation, Municipal Corporation, Minor or Incompetent Is Party

Section 65. If a corporation is a party, the adverse party may examine the president, treasurer, clerk or a director, manager or superintendent, or other officer thereof, as if he were a party. If a municipal corporation is a party, the mayor or the chairman of the board of selectmen may be examined as if he were a party, except that no city or town official shall be interrogated concerning matters of public record. If a minor or person under guardianship is a party, the adverse party may examine as if said party were not a minor or under guardianship; provided, that if the minor be not of such age as to appreciate an oath, or the person under guardianship be mentally incompetent to answer, the person appearing in the suit as the guardian, guardian ad litem or next friend of such party shall make answer.
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 67 - Non-Disclosure of Information Not Pertinent

Section 67. Sections sixty-one to sixty-six, inclusive, shall not affect the right of a party interrogated, under the direction of the court, to seal up or otherwise protect from examination such parts of any document, book, voucher or other writing as contain matters not pertinent to the subject of the action, or affect the power of the court to protect said right, or any right of the party interrogated, by suitable order.
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 68 - Inspecting Documents

Section 68. Every party to any cause or proceeding may inspect and take copies of any document referred to in the pleading or particulars of any other party and relied on by such other party, unless the court is satisfied that the same is not in his possession or control or that he has some other reasonable excuse for not producing the same for such inspection, and the court may make orders for production for said purposes, enforceable in like manner as orders to answer interrogatories.
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 69 - Demand for Admissions; Answer to Demand or Refusal of Admissions; Costs

Section 69. In the district courts in actions not governed by the District-Municipal Courts Rules of Civil Procedure, a party by written demand filed in the clerk's office and notice given by copy thereof by registered mail, return receipt requested, to the other party or his attorney, not less than ten days before the trial of the action or suit, may call upon the other party to admit, for the purposes of the case only, any material fact or facts or the execution of any material paper or document which the party filing the demand intends to use at the trial. Copies of the papers or documents shall be delivered with the demand unless copies have already been furnished. An affidavit of such notice and the return receipt, if any, shall forthwith be filed in the clerk's office. The court may delay the trial until such demand is answered and on motion before trial may strike out of such demand or any answer filed in response thereto any matter which is irrelevant, immaterial or improperly included therein. After the filing of said affidavit of notice, each of the matters of which an admission is demanded shall be deemed admitted unless within ten days after mailing the demand, or within such further time as the court may allow on motion and notice, the party to whom the demand is directed files in the clerk's office a sworn statement either denying specifically the matters of which an admission is demanded or setting forth in detail the reasons why he cannot truthfully either admit or deny those matters. Any admission made by a party by answering or not answering such demand is for the purpose of the pending proceeding only and neither constitutes an admission by him for any other purpose nor may be used against him in any other proceeding, but said admission shall be binding upon him in the pending proceeding unless he is relieved therefrom by the court for cause shown. If the party upon whom such demand is made refuses to admit any fact or the execution of any paper or document mentioned in the demand, the reasonable expense of proving such fact or the execution of such paper or document, as determined after summary hearing by the justice presiding at the trial, shall, unless the justice certifies that the refusal to admit was reasonable, be paid by said party to the other party and the amount thereof shall be added to the taxable costs of the party in whose favor such amount is awarded or deducted from the amount of any judgment or decree against 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 71 - Motions and Interlocutory Orders

Section 71. In civil proceedings which are not governed by the Massachusetts Rules of Civil Procedure or by the District-Municipal Courts Rules of Civil Procedure, the court may make orders allowing amendments before trial, or a supplemental pleading, or any other interlocutory order necessary to prepare the case for trial but the court shall make such rules relative to notice, the times and places for motions at chambers, and other matters, as shall from time to time be necessary.
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 72 - Agreements Regarding Amendments and Trial Procedure

Section 72. In civil proceedings which are not governed by the Massachusetts Rules of Civil Procedure or by the District–Municipal Courts Rules of Civil Procedure, the parties may make agreements relative to amendments and the time for filing papers, which shall be equivalent to an order of the court to the same effect. Any order mentioned in section seventy-one may be entered by consent signed by the parties or their attorneys; but no agreement of attorneys relative to such civil proceedings shall be valid unless in writing.
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 82 - Designation of Place of Trial

Section 82. In counties containing two or more shire towns, the supreme judicial or the superior court at the sitting held on or next after the filing of the defendant's answer may designate the shire town where the action shall be tried, and it shall not then be put on the trial list for sittings held in any other town of that county except by agreement of the parties.