General Laws of Massachusetts - Chapter 228 Survival of Actions and Death and Disabilities of Parties

• Massachusetts General Laws - Enumeration - Chapter 228, Section 1
  In addition to the actions which survive by the common law, the following shall survive:— (1) Actions under chapter two hundred and forty-seven; (2) Actions...
• Massachusetts General Laws - Death of party in suit against officer - Chapter 228, Section 2
  An action of replevin or tort by or against an officer for personal property attached by him and claimed or taken by another person shall...
• Massachusetts General Laws - Judgment for or against executor or administrator of officer - Chapter 228, Section 3
  If judgment in such case is rendered for the executor or administrator of the officer, the property or money recovered shall be disposed of in...
• Massachusetts General Laws - Death of sole plaintiff or defendant - Chapter 228, Section 4
  In a personal action the cause of which survives, if there is only one plaintiff or one defendant and he dies after the commencement of...
• Massachusetts General Laws - Substitution of executor or administrator - Chapter 228, Section 4A
  In civil actions which are governed by the Massachusetts Rules of Civil Procedure or the District-Municipal Courts Rules of Civil Procedure, in such substitution of...
• Massachusetts General Laws - Prosecution or defense of actions by executor or administrator; citation - Chapter 228, Section 5
  In civil proceedings which are not governed by said Massachusetts Rules of Civil Procedure or the District-Municipal Courts Rules of Civil Procedure the death shall...
• Massachusetts General Laws - Commencement of action for order to executor or administrator to appear and defend notwithstanding failure to take out citation within time limit of preceding section; further orders for determination on merits - Chapter 228, Section 5A
  The plaintiff in a personal action which is not governed by the Massachusetts Rules of Civil Procedure or the District-Municipal Courts Rules of Civil Procedure...
• Massachusetts General Laws - Failure of legal representative to give timely notice of death to plaintiff as ground for relief authorized by Sec. 5A - Chapter 228, Section 5B
  Whenever, upon the trial of a civil action in the supreme judicial or superior court seeking the relief authorized by section five A, it shall...
• Massachusetts General Laws - Prior payment or distribution unaffected by relief authorized by Sec. 5A or Rules of Civil Procedure - Chapter 228, Section 5C
  Neither the relief authorized by section five A nor any comparable relief authorized by the Massachusetts Rules of Civil Procedure or the District-Municipal Courts Rules...
• Massachusetts General Laws - Nonsuit or default - Chapter 228, Section 6
  If the executor or administrator does not appear on the return of the citation or within such further time as the court allows, he shall...
• Massachusetts General Laws - Death of joint plaintiff or defendant - Chapter 228, Section 7
  If any of several plaintiffs or defendants in a personal action, the cause of which survives, dies before final judgment, the action may be prosecuted...
• Massachusetts General Laws - Prosecution by devisee or heir - Chapter 228, Section 8
  If, in a real or mixed action, the plaintiff dies before final judgment, his heir or devisee of the land demanded or of the right...
• Massachusetts General Laws - Death of one of several plaintiffs - Chapter 228, Section 9
  If any of several plaintiffs in a real or mixed action dies before final judgment, his heir or devisee shall be admitted, upon motion, to...
• Massachusetts General Laws - Prosecution by survivor - Chapter 228, Section 10
  If the interest of the deceased party passes to the surviving plaintiffs, or if there is no motion for the admission of an heir or...
• Massachusetts General Laws - Death of defendant - Chapter 228, Section 11
  If the defendant in a real or mixed action dies before final judgment, his heir or devisee of the land demanded may, within such time...
• Massachusetts General Laws - Repealed, 1975, 377, Sec. 67 - Chapter 228, Section 12
  Repealed, 1975, 377, Sec.
• Massachusetts General Laws - Insanity of party during pendency of action - Chapter 228, Section 13
  If, during the pendency of an action or suit, any party becomes insane, it may be prosecuted or defended by his guardian in like manner...
• Massachusetts General Laws - Removal, resignation or death of appointed public officer or trustee - Chapter 228, Section 14
  An action on a note, bond, contract or other liability made to or with any public officer or trustee appointed under a statute may, after...

Last modified: September 11, 2015