§ 6 Assignee of claim assigned by executor or administrator, proceedings
§ 6B Interest added to damages in tort actions
§ 6C Interest added to damages in contract actions
§ 6D Damages for pain and suffering in tort actions arising out of operation, etc., of motor vehicles; restrictions
§ 6E Definitions applicable to sections 6E to 6G
§ 6F Costs, expenses and interest for insubstantial, frivolous or bad faith claims or defenses
§ 6G Appeals; motions for expenses for insubstantial, frivolous or bad faith claims or defenses
§ 6H Interest on damages
§ 6I Interest rate; schedule
§ 9 Action to recover possession of real property
§ 13A Invalidity of stipulation waiving service of process or authorizing confession of judgment; vacation of judgment
§ 13B Ad damnum or monetary amount claimed
§ 21 Pleading following answer in abatement
§ 22 Pleading the general issue; evidence
§ 31 Equitable defenses
§ 35 Reply avoiding defense in equity
§ 39 Real and mixed actions at issue in land court
§ 42 Endorsement of pleading or process before filing or entry; residence
§ 43 Late endorsement of pleading or process
§ 44 Endorsement when plaintiff removes from commonwealth
§ 45 Procuring new responsible endorser
§ 47 Dismissal on failure to obtain endorser
§ 48 Substitute endorser
§ 51 Amendments as to parties, process or pleading
§ 52 Amendment after demurrer
§ 58A Notice of default to company issuing motor vehicle liability policy or bond; assessment of damages deferred
§ 59A Advancing action for speedy trial
§ 59C Request of either party
§ 59D Speedy trial of actions involving election laws
§ 59E Request of either party
§ 59F Speedy trial for persons sixty-five years of age or older
§ 59G Dismissal for failure to file a timely request for trial; vacation of judgment
§ 59H Strategic litigation against public participation; special motion to dismiss
§ 60B Malpractice actions against providers of health care; tribunal
§ 60C Malpractice complaints; ad damnum prohibited
§ 60D Claim by minor against provider of health care; limitations
§ 60E Malpractice action; professional examination of claimant
§ 60F Award of damages; elements and itemization of amounts
§ 60G Reduction of award of damages; collateral sources of benefits
§ 60H Limitation of damages for pain and suffering
§ 60I Attorney fees; limitations on contingency fees
§ 60J Negligence actions for serving alcoholic beverages to minors or intoxicated persons; summary judgments
§ 60K Actions for malpractice, negligence, etc. against health care providers; damages; rate of interest
§ 60L Written notice requirement for actions against health care providers as defined in seventh paragraph of Sec. 60B; time for filing; exceptions; contents; provider’s access to medical records; written response
§ 61 Filing interrogatories
§ 62 Answers to interrogatories
§ 63 Rules governing use of interrogatories
§ 64 Failure to answer or to amend or expunge answer
§ 65 Person answering interrogatories when corporation, municipal corporation, minor or incompetent is party
§ 66 Order for costs
§ 67 Non-disclosure of information not pertinent
§ 68 Inspecting documents
§ 69 Demand for admissions; answer to demand or refusal of admissions; costs
§ 71 Motions and interlocutory orders
§ 72 Agreements regarding amendments and trial procedure
§ 81 Charges as to facts, etc.
§ 82 Designation of place of trial
§ 83 Interrupting examination of witnesses
§ 84A Consolidation of actions involving same subject matter
§ 85 Comparative negligence; limited effect of contributory negligence as defense
§ 85A Prima facie evidence of owner’s responsibility for operation of motor vehicle
§ 85B Action for consequential damages; presumption of automobile owner’s responsibility
§ 85C Action to enforce liability policy or bond; presumption of insured’s consent to operation of vehicle
§ 85D Imputing negligence of parent or custodian to infant
§ 85E Motor vehicles; defenses in subrogation claims
§ 85F Imputation of negligence of operator of motor vehicle to passenger-owner
§ 85G Parents’ liability for willful acts of minor children
§ 85H Leased property; failure to return; conversion; presumption
§ 85I Emergency care, etc. of injured persons by members of ski patrols; exemption from civil liability
§ 85J Fraud or deceit in sale of personal property; treble damages
§ 85K Limitation of tort liability of certain charitable organizations; liability of directors, officers or trustees of educational institutions
§ 85L Recovery of damages against operator of motor vehicle by guest; ordinary negligence
§ 85M Disclaimers of liability by parking facilities not a defense and void
§ 85N Liability of licensed members of certain professional societies and committees for damages resulting from official acts
§ 85O Contracts; age of legal capacity and liability in civil actions
§ 85P Age of majority; legal capacity
§ 85P1/2 Child performers; contracts; court approval
§ 85Q Standard of care owed children; maintenance of artificial condition upon land
§ 85R Boat races or regattas; liability for injuries
§ 85R1/2 Liability for damage to property as a result of shoplifting or attempted larceny; recovery
§ 85S Physical alteration or destruction of fine art
§ 85T Negligence action for serving alcohol to intoxicated person prohibited; exceptions
§ 85U Death or injury to unlawful dwelling occupants; liability of lawful occupants
§ 85V Sports program volunteers’ liability; definitions
§ 85W Officers and directors of charitable corporations; tort liability
§ 85X Loss of consortium of a dependent child; cause of action
§ 85Y Child care facilities; liability of owner of property for injury or damage on premises
§ 85Z Conveyances without fair consideration by persons in contempt of an order or judgment for child support; civil action
§ 85AA Liability of registered rescue volunteers
§ 85BB False claim of hours worked knowingly submitted by law enforcement officer
§ 87 Pleadings as evidence; effect
§ 88 Effect of unaccepted offer of judgment
§ 89 Use at trial of answers to interrogatories
§ 91 Effect of unproved defense of truth in action of slander or libel; proof of statements not contained in pleadings
§ 91A Radio or television broadcast; liability of owner of station, etc.
§ 91B Statement relating to bank loan for purchase of goods or services as defense to claim for libel
§ 92 Truth as justification for libel
§ 93 Retraction of libel; mitigation of damages; punitive damages
§ 94 Evidence in mitigation of damages
§ 94A Probable cause as defence in action for false arrest
§ 94B False arrest; shoplifting; defrauding innkeepers; defenses
§ 94C False arrest; theft of public records; defenses
§ 95 Defense to action on default judgment
§ 96 Relief from final judgment; vacation; effect of attachment
§ 97 Appeal to superior court
§ 98 Appeal bond
§ 99 Deposit in lieu of appeal bond
§ 101 Record on appeal to superior court; transmission
§ 102 Docket entries on taking appeal
§ 102C Transfer of action from superior court; trial; decision; notice; judgment; retransfer; trial
§ 103 Waiver of jury trial and right of appeal in cases brought in district court
§ 104 Removal from district court to superior court
§ 104A Multiple judgments specification for removal to superior court
§ 106 Deposit in lieu of removal bond
§ 107 Circumstances making removal bond unnecessary
§ 108 Appellate divisions of district courts; assignment and compensation of justices; procedure
§ 109 Appeal to appeals court from appellate division
§ 110 Powers of appellate division
§ 111 Report by single justice
§ 112 Report by single justice of supreme judicial court
§ 112A Appellate proceedings upon report; application of Rules of Appellate Procedure
§ 112B Objections to rulings or orders
§ 113 Appeal from final judgment of superior court, land court and housing courts
§ 114 Appeal from final judgment of single justice of supreme judicial court
§ 115 Disposition of judgment on appeal; stay of execution
§ 116 Protective orders pending appeal
§ 117 Temporary appellate relief from final judgments pending appeal
§ 118 Temporary appellate relief from interlocutory orders; appeals to appeals court or supreme judicial court
§ 118A Appeal from interlocutory order for equitable relief
§ 119 Harmless error; disposition of judgment on appeal
§ 124 Determination of questions of law by full court on appeal
§ 125 Appellate court’s powers of amendment; additional testimony
§ 125A Further report of material facts in equity and probate appeals
§ 130 Costs on refusal of new trial
§ 132 Error not affecting substantial rights; partial new trial
§ 138 Amendment of pleadings; notice and hearing requisite to bind certain persons; appeal
§ 139 Representation of corporate party by officer or agent
§ 140A Conclusiveness of consent judgment in automobile case
§ 140B Advance payments or settlements of claims by insurers; effect upon liability; admissibility as evidence; credit upon judgment; notice of limitations to claimant by insurer; accrual of cause of action
§ 140C Settlement or partial payment by insurer as admission of liability
§ 140C1/2 Settlement of claim of minor or incompetent; judicial powers; petition for settlement approval

Terms Used In Massachusetts General Laws > Chapter 231 - Pleading and Practice

  • Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
  • Allegation: something that someone says happened.
  • Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
  • Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
  • Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
  • Appellate: About appeals; an appellate court has the power to review the judgement of another lower court or tribunal.
  • Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization
  • Arrest: Taking physical custody of a person by lawful authority.
  • Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
  • Caucus: From the Algonquian Indian language, a caucus meant "to meet together." An informal organization of members of the legislature that exists to discuss issues of mutual concern and possibly to perform legislative research and policy planning for its members. There are regional, political or ideological, ethnic, and economic-based caucuses.
  • Chambers: A judge's office.
  • Charity: An agency, institution, or organization in existence and operating for the benefit of an indefinite number of persons and conducted for educational, religious, scientific, medical, or other beneficent purposes.
  • Clerk of court: An officer appointed by the court to work with the chief judge in overseeing the court's administration, especially to assist in managing the flow of cases through the court and to maintain court records.
  • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
  • Contract: A legal written agreement that becomes binding when signed.
  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
  • Counterclaim: A claim that a defendant makes against a plaintiff.
  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • Dependent: A person dependent for support upon another.
  • Deposition: An oral statement made before an officer authorized by law to administer oaths. Such statements are often taken to examine potential witnesses, to obtain discovery, or to be used later in trial.
  • Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
  • Dismissal: The dropping of a case by the judge without further consideration or hearing. Source:
  • Docket: A log containing brief entries of court proceedings.
  • Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Executor: A male person named in a will to carry out the decedent
  • Federal Reserve System: The central bank of the United States. The Fed, as it is commonly called, regulates the U.S. monetary and financial system. The Federal Reserve System is composed of a central governmental agency in Washington, D.C. (the Board of Governors) and twelve regional Federal Reserve Banks in major cities throughout the United States. Source: OCC
  • Fraud: Intentional deception resulting in injury to another.
  • Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
  • Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
  • Indemnification: In general, a collateral contract or assurance under which one person agrees to secure another person against either anticipated financial losses or potential adverse legal consequences. Source: FDIC
  • Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
  • Intangible property: Property that has no intrinsic value, but is merely the evidence of value such as stock certificates, bonds, and promissory notes.
  • Interrogatories: Written questions asked by one party of an opposing party, who must answer them in writing under oath; a discovery device in a lawsuit.
  • Judgement: The official decision of a court finally determining the respective rights and claims of the parties to a suit.
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Lawsuit: A legal action started by a plaintiff against a defendant based on a complaint that the defendant failed to perform a legal duty, resulting in harm to the plaintiff.
  • Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
  • Legatee: A beneficiary of a decedent
  • Lien: A claim against real or personal property in satisfaction of a debt.
  • Oath: A promise to tell the truth.
  • Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
  • Personal property: All property that is not real property.
  • Plaintiff: The person who files the complaint in a civil lawsuit.
  • Plea: In a criminal case, the defendant's statement pleading "guilty" or "not guilty" in answer to the charges, a declaration made in open court.
  • Pleadings: Written statements of the parties in a civil case of their positions. In the federal courts, the principal pleadings are the complaint and the answer.
  • Probable cause: A reasonable ground for belief that the offender violated a specific law.
  • Probate: Proving a will
  • Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
  • Public law: A public bill or joint resolution that has passed both chambers and been enacted into law. Public laws have general applicability nationwide.
  • Quorum: The number of legislators that must be present to do business.
  • Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
  • Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.
  • Remand: When an appellate court sends a case back to a lower court for further proceedings.
  • Service of process: The service of writs or summonses to the appropriate party.
  • Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
  • Statute: A law passed by a legislature.
  • Statute of limitations: A law that sets the time within which parties must take action to enforce their rights.
  • Subpoena: A command to a witness to appear and give testimony.
  • Testify: Answer questions in court.
  • Testimony: Evidence presented orally by witnesses during trials or before grand juries.
  • Tort: A civil wrong or breach of a duty to another person, as outlined by law. A very common tort is negligent operation of a motor vehicle that results in property damage and personal injury in an automobile accident.
  • Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
  • Trust account: A general term that covers all types of accounts in a trust department, such as estates, guardianships, and agencies. Source: OCC
  • Trustee: A person or institution holding and administering property in trust.
  • Verdict: The decision of a petit jury or a judge.
  • Writ: A formal written command, issued from the court, requiring the performance of a specific act.