General Laws of Massachusetts - Chapter 231 Pleading and Practice

• Massachusetts General Laws - Repealed, 1975, 377, Sec. 73 - Chapter 231, Section 1 to 5
  Repealed, 1975, 377, Sec.
• Massachusetts General Laws - Assignee of claim assigned by executor or administrator, proceedings - Chapter 231, 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...
• Massachusetts General Laws - Repealed, 1975, 377, Sec. 75 - Chapter 231, Section 6A
  Repealed, 1975, 377, Sec.
• Massachusetts General Laws - Interest added to damages in tort actions - Chapter 231, 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...
• Massachusetts General Laws - Interest added to damages in contract actions - Chapter 231, 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...
• Massachusetts General Laws - Damages for pain and suffering in tort actions arising out of operation, etc., of motor vehicles; restrictions - Chapter 231, 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...
• Massachusetts General Laws - Definitions applicable to sections 6E to 6G - Chapter 231, 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...
• Massachusetts General Laws - Costs, expenses and interest for insubstantial, frivolous or bad faith claims or defenses - Chapter 231, Section 6F
  Upon motion of any party in any civil action in which a finding, verdict, decision, award, order or judgment has been made by a judge...
• Massachusetts General Laws - Appeals; motions for expenses for insubstantial, frivolous or bad faith claims or defenses - Chapter 231, 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...
• Massachusetts General Laws - Interest on damages - Chapter 231, 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...
• Massachusetts General Laws - Interest rate; schedule - Chapter 231, 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...
• Massachusetts General Laws - Repealed, 1975, 377, Sec. 75 - Chapter 231, Section 7
  Repealed, 1975, 377, Sec.
• Massachusetts General Laws - Repealed, 1973, 1114, Sec. 158 - Chapter 231, Section 8
  Repealed, 1973, 1114, Sec.
• Massachusetts General Laws - Action to recover possession of real property - Chapter 231, Section 9
  In an action to recover possession of real property for a term of years or other interest, if the defendant is wrongfully in possession it...
• Massachusetts General Laws - Repealed, 1975, 377, Sec. 75 - Chapter 231, Section 10 to 13
  Repealed, 1975, 377, Sec.
• Massachusetts General Laws - Invalidity of stipulation waiving service of process or authorizing confession of judgment; vacation of judgment - Chapter 231, 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...
• Massachusetts General Laws - Ad damnum or monetary amount claimed - Chapter 231, Section 13B
  [ Text of section effective until November 4, 2014. For text effective November 4, 2014, see below.] No complaint in any civil action shall contain...
• Massachusetts General Laws - Repealed, 1975, 377, Sec. 75 - Chapter 231, Section 14 to 20
  Repealed, 1975, 377, Sec.
• Massachusetts General Laws - Pleading following answer in abatement - Chapter 231, 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...
• Massachusetts General Laws - Pleading the general issue; evidence - Chapter 231, 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...
• Massachusetts General Laws - Repealed, 1975, 377, Sec. 77 - Chapter 231, Section 23 to 30
  Repealed, 1975, 377, Sec.
• Massachusetts General Laws - Equitable defenses - Chapter 231, 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...
• Massachusetts General Laws - Repealed, 1975, 377, Sec. 78 - Chapter 231, Section 32 to 34
  Repealed, 1975, 377, Sec.
• Massachusetts General Laws - Reply avoiding defense in equity - Chapter 231, 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...
• Massachusetts General Laws - Repealed, 1975, 377, Sec. 80 - Chapter 231, Section 36 to 38
  Repealed, 1975, 377, Sec.
• Massachusetts General Laws - Real and mixed actions at issue in land court - Chapter 231, Section 39
  Real and mixed actions in the land court which are not governed by the Massachusetts Rules of Civil Procedure shall be considered at issue when...
• Massachusetts General Laws - Repealed, 1975, 377, Sec. 82 - Chapter 231, Section 40 41
  Repealed, 1975, 377, Sec.
• Massachusetts General Laws - Endorsement of pleading or process before filing or entry; residence - Chapter 231, 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...
• Massachusetts General Laws - Late endorsement of pleading or process - Chapter 231, 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...
• Massachusetts General Laws - Endorsement when plaintiff removes from commonwealth - Chapter 231, 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,...
• Massachusetts General Laws - Procuring new responsible endorser - Chapter 231, Section 45
  If an endorser removes from the commonwealth or ceases to be responsible, the court may require the plaintiff to procure a responsible endorser.
• Massachusetts General Laws - Repealed, 1973, 1114, Sec. 168 - Chapter 231, Section 46
  Repealed, 1973, 1114, Sec.
• Massachusetts General Laws - Dismissal on failure to obtain endorser - Chapter 231, Section 47
  If a plaintiff fails to procure an endorser according to the order of the court, his action shall be dismissed and the defendant or other...
• Massachusetts General Laws - Substitute endorser - Chapter 231, 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...
• Massachusetts General Laws - Repealed, 1975, 377, Sec. 84 - Chapter 231, Section 49 50
  Repealed, 1975, 377, Sec.
• Massachusetts General Laws - Amendments as to parties, process or pleading - Chapter 231, 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...
• Massachusetts General Laws - Amendment after demurrer - Chapter 231, 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...
• Massachusetts General Laws - Repealed, 1975, 377, Sec. 87 - Chapter 231, Section 53 54
  Repealed, 1975, 377, Sec.
• Massachusetts General Laws - Repealed, 1973, 1114, Sec. 170 - Chapter 231, Section 55
  Repealed, 1973, 1114, Sec.
• Massachusetts General Laws - Repealed, 1975, 377, Sec. 87 - Chapter 231, Section 56 to 58
  Repealed, 1975, 377, Sec.
• Massachusetts General Laws - Notice of default to company issuing motor vehicle liability policy or bond; assessment of damages deferred - Chapter 231, 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...
• Massachusetts General Laws - Repealed, 1975, 377, Sec. 87 - Chapter 231, Section 59
  Repealed, 1975, 377, Sec.
• Massachusetts General Laws - Advancing action for speedy trial - Chapter 231, 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...
• Massachusetts General Laws - Repealed, 1975, 377, Sec. 87 - Chapter 231, Section 59B
  Repealed, 1975, 377, Sec.
• Massachusetts General Laws - Request of either party - Chapter 231, 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...
• Massachusetts General Laws - Speedy trial of actions involving election laws - Chapter 231, 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...
• Massachusetts General Laws - Request of either party - Chapter 231, 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...
• Massachusetts General Laws - Speedy trial for persons sixty-five years of age or older - Chapter 231, 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...
• Massachusetts General Laws - Dismissal for failure to file a timely request for trial; vacation of judgment - Chapter 231, 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...
• Massachusetts General Laws - Strategic litigation against public participation; special motion to dismiss - Chapter 231, Section 59H
  In any case in which a party asserts that the civil claims, counterclaims, or cross claims against said party are based on said party’s exercise...
• Massachusetts General Laws - Repealed, 1973, 1114, Sec. 178 - Chapter 231, Section 60 60A
  Repealed, 1973, 1114, Sec.
• Massachusetts General Laws - Malpractice actions against providers of health care; tribunal - Chapter 231, Section 60B
  Every action for malpractice, error or mistake against a provider of health care shall be heard by a tribunal consisting of a single justice of...
• Massachusetts General Laws - Malpractice complaints; ad damnum prohibited - Chapter 231, 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...
• Massachusetts General Laws - Claim by minor against provider of health care; limitations - Chapter 231, 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...
• Massachusetts General Laws - Malpractice action; professional examination of claimant - Chapter 231, 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...
• Massachusetts General Laws - Award of damages; elements and itemization of amounts - Chapter 231, Section 60F
  (a) In every action for malpractice, negligence, error, omission, mistake or the unauthorized rendering of professional services against a provider of health care which is...
• Massachusetts General Laws - Reduction of award of damages; collateral sources of benefits - Chapter 231, Section 60G
  (a) In every action for malpractice, negligence, error, omission, mistake, or the unauthorized rendering of professional services against a provider of health care in which...
• Massachusetts General Laws - Limitation of damages for pain and suffering - Chapter 231, 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...
• Massachusetts General Laws - Attorney fees; limitations on contingency fees - Chapter 231, 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...
• Massachusetts General Laws - Negligence actions for serving alcoholic beverages to minors or intoxicated persons; summary judgments - Chapter 231, 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...
• Massachusetts General Laws - Actions for malpractice, negligence, etc. against health care providers; damages; rate of interest - Chapter 231, 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,...
• Massachusetts General Laws - 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 - Chapter 231, Section 60L
  (a) Except as otherwise provided in this section, a person shall not commence an action against a provider of health care as defined in the...
• Massachusetts General Laws - Filing interrogatories - Chapter 231, 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 General Laws - Answers to interrogatories - Chapter 231, 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,...
• Massachusetts General Laws - Rules governing use of interrogatories - Chapter 231, 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...
• Massachusetts General Laws - Failure to answer or to amend or expunge answer - Chapter 231, 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...
• Massachusetts General Laws - Person answering interrogatories when corporation, municipal corporation, minor or incompetent is party - Chapter 231, 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,...
• Massachusetts General Laws - Order for costs - Chapter 231, Section 66
  Such order may be made respecting costs, in the action or cause or otherwise, as the court may direct by general rule, or by a...
• Massachusetts General Laws - Non-disclosure of information not pertinent - Chapter 231, 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...
• Massachusetts General Laws - Inspecting documents - Chapter 231, 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...
• Massachusetts General Laws - Demand for admissions; answer to demand or refusal of admissions; costs - Chapter 231, 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...
• Massachusetts General Laws - Repealed, 1975, 377, Sec. 91 - Chapter 231, Section 70
  Repealed, 1975, 377, Sec.
• Massachusetts General Laws - Motions and interlocutory orders - Chapter 231, 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...
• Massachusetts General Laws - Agreements regarding amendments and trial procedure - Chapter 231, 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...
• Massachusetts General Laws - Repealed, 1932, 180, Sec. 40 - Chapter 231, Section 73
  Repealed, 1932, 180, Sec.
• Massachusetts General Laws - Repealed, 1975, 377, Sec. 94 - Chapter 231, Section 74 to 76
  Repealed, 1975, 377, Sec.
• Massachusetts General Laws - Repealed, 1973, 1114, Sec. 185 - Chapter 231, Section 77
  Repealed, 1973, 1114, Sec.
• Massachusetts General Laws - Repealed, 1932, 180, Sec. 40 - Chapter 231, Section 78
  Repealed, 1932, 180, Sec.
• Massachusetts General Laws - Repealed, 1975, 377, Sec. 94 - Chapter 231, Section 79
  Repealed, 1975, 377, Sec.
• Massachusetts General Laws - Repealed, 1973, 1114, Sec. 187 - Chapter 231, Section 80
  Repealed, 1973, 1114, Sec.
• Massachusetts General Laws - Charges as to facts, etc. - Chapter 231, Section 81
  The courts shall not charge juries with respect to matters of fact, but they may state the testimony and the law.
• Massachusetts General Laws - Designation of place of trial - Chapter 231, 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...
• Massachusetts General Laws - Interrupting examination of witnesses - Chapter 231, Section 83
  During the trial of a case in which an official stenographer takes stenographic notes of the evidence, no other person shall interrupt the examination of...
• Massachusetts General Laws - Repealed, 1973, 1114, Sec. 189 - Chapter 231, Section 84
  Repealed, 1973, 1114, Sec.
• Massachusetts General Laws - Consolidation of actions involving same subject matter - Chapter 231, Section 84A
  If two or more actions to recover damages or indebtedness arising out of the same accident, event or transaction are pending in the superior court,...
• Massachusetts General Laws - Comparative negligence; limited effect of contributory negligence as defense - Chapter 231, Section 85
  Contributory negligence shall not bar recovery in any action by any person or legal representative to recover damages for negligence resulting in death or in...
• Massachusetts General Laws - Prima facie evidence of owner’s responsibility for operation of motor vehicle - Chapter 231, Section 85A
  In all actions to recover damages for injuries to the person or to property or for the death of a person, arising out of an...
• Massachusetts General Laws - Action for consequential damages; presumption of automobile owner’s responsibility - Chapter 231, Section 85B
  In any action to recover the consequential damages specified in section thirty-four A of chapter ninety, arising out of an accident or collision in which...
• Massachusetts General Laws - Action to enforce liability policy or bond; presumption of insured’s consent to operation of vehicle - Chapter 231, Section 85C
  In any civil action, under section one hundred and thirteen of chapter one hundred and seventy-five and clause (9) of section three of chapter two...
• Massachusetts General Laws - Imputing negligence of parent or custodian to infant - Chapter 231, Section 85D
  In all actions to recover damages for injury to the person or property of an infant, the negligence of the parent or other custodian of...
• Massachusetts General Laws - Motor vehicles; defenses in subrogation claims - Chapter 231, Section 85E
  In any action to recover for damage to a motor vehicle brought in the name of a person or persons holding a security interest in...
• Massachusetts General Laws - Imputation of negligence of operator of motor vehicle to passenger-owner - Chapter 231, Section 85F
  In an action to recover damages for death or for injuries or property damage arising out of an accident or collision in which a motor...
• Massachusetts General Laws - Parents’ liability for willful acts of minor children - Chapter 231, Section 85G
  Parents of an unemancipated child under the age of eighteen and over the age of seven years shall be liable in a civil action for...
• Massachusetts General Laws - Leased property; failure to return; conversion; presumption - Chapter 231, Section 85H
  In any civil action for damages, failure to return any personal property acquired by a person under a lease or contract of hire or rental,...
• Massachusetts General Laws - Emergency care, etc. of injured persons by members of ski patrols; exemption from civil liability - Chapter 231, Section 85I
  No member of a ski patrol duly registered in the National Ski Patrol system, who, in good faith, renders emergency care or treatment to a...
• Massachusetts General Laws - Fraud or deceit in sale of personal property; treble damages - Chapter 231, Section 85J
  Whoever, by deceit or fraud, sells personal property shall be liable in tort to a purchaser in treble the amount of damages sustained by him.
• Massachusetts General Laws - Limitation of tort liability of certain charitable organizations; liability of directors, officers or trustees of educational institutions - Chapter 231, Section 85K
  It shall not constitute a defense to any cause of action based on tort brought against a corporation, trustees of a trust, or members of...
• Massachusetts General Laws - Recovery of damages against operator of motor vehicle by guest; ordinary negligence - Chapter 231, Section 85L
  In an action of tort for personal injuries, property damage or consequential damages caused by or arising from the operation of a motor vehicle in...
• Massachusetts General Laws - Disclaimers of liability by parking facilities not a defense and void - Chapter 231, Section 85M
  In any action of contract or tort in which the defendant is the owner or operator of a privately or publicly owned or operated garage,...
• Massachusetts General Laws - Liability of licensed members of certain professional societies and committees for damages resulting from official acts - Chapter 231, Section 85N
  No member of a professional society or of a duly appointed committee thereof, or a duly appointed member of a committee of a medical staff...
• Massachusetts General Laws - Contracts; age of legal capacity and liability in civil actions - Chapter 231, Section 85O
  Any person who has attained the age of eighteen shall have full legal capacity to act in his own behalf in the matter of contracts...
• Massachusetts General Laws - Age of majority; legal capacity - Chapter 231, Section 85P
  Except as otherwise specifically provided by law, any person domiciled in the commonwealth who has reached the age of eighteen shall for all purposes, and...
• Massachusetts General Laws - Child performers; contracts; court approval - Chapter 231, Section 85P1/2
  (a) No person shall employ, or exhibit or cause to be exhibited, or to use, or have custody of for the purpose of exhibition, use...
• Massachusetts General Laws - Standard of care owed children; maintenance of artificial condition upon land - Chapter 231, Section 85Q
  Any person who maintains an artificial condition upon his own land shall be liable for physical harm to children trespassing thereon if (a) the place...
• Massachusetts General Laws - Boat races or regattas; liability for injuries - Chapter 231, Section 85R
  No member of a sailboat racing committee, club or association or of a yacht club association which conducts a race or regatta shall be liable...
• Massachusetts General Laws - Liability for damage to property as a result of shoplifting or attempted larceny; recovery - Chapter 231, Section 85R1/2
  Whoever causes damage to the property of a person as a result of a larceny or attempted larceny of said property as set forth in...
• Massachusetts General Laws - Physical alteration or destruction of fine art - Chapter 231, Section 85S
  (a) The general court hereby finds and declares that the physical alteration or destruction of fine art, which is an expression of the artist’s personality,...
• Massachusetts General Laws - Negligence action for serving alcohol to intoxicated person prohibited; exceptions - Chapter 231, Section 85T
  In any action for personal injuries, property damage or consequential damages caused by or arising out of the negligent serving of alcohol to an intoxicated...
• Massachusetts General Laws - Death or injury to unlawful dwelling occupants; liability of lawful occupants - Chapter 231, Section 85U
  No person who is a lawful occupant of a dwelling shall be liable in an action for damages for death or injuries to an unlawful...
• Massachusetts General Laws - Sports program volunteers’ liability; definitions - Chapter 231, Section 85V
  As used in this section, unless the context requires otherwise, the following words shall have the following meanings:— “Compensation”, shall not include reimbursement for reasonable...
• Massachusetts General Laws - Officers and directors of charitable corporations; tort liability - Chapter 231, Section 85W
  Except as provided otherwise in this section and in section eighty-five V, no person who serves without compensation, other than reimbursement for actual expenses, as...
• Massachusetts General Laws - Loss of consortium of a dependent child; cause of action - Chapter 231, Section 85X
  The parents of a minor child or an adult child who is dependent on his parents for support shall have a cause of action for...
• Massachusetts General Laws - Child care facilities; liability of owner of property for injury or damage on premises - Chapter 231, Section 85Y
  Notwithstanding any general or special law to the contrary, the owner of any property containing premises operated by a person other than such owner as...
• Massachusetts General Laws - Conveyances without fair consideration by persons in contempt of an order or judgment for child support; civil action - Chapter 231, Section 85Z
  A person who has been adjudged to be in contempt of an order or judgment for child support entered pursuant to chapter 119, 207, 208,...
• Massachusetts General Laws - Liability of registered rescue volunteers - Chapter 231, Section 85AA
  No person duly registered by the department of state police as a search and rescue volunteer who renders assistance in a search and rescue operation...
• Massachusetts General Laws - Repealed, 1975, 377, Sec. 96 - Chapter 231, Section 86
  Repealed, 1975, 377, Sec.
• Massachusetts General Laws - Pleadings as evidence; effect - Chapter 231, Section 87
  In any civil action pleadings shall not be evidence on the trial, but the allegations therein shall bind the party making them.
• Massachusetts General Laws - Effect of unaccepted offer of judgment - Chapter 231, Section 88
  An offer of judgment made under the provisions of the Massachusetts Rules of Civil Procedure or the District-Municipal Courts Rules of Civil Procedure which is...
• Massachusetts General Laws - Use at trial of answers to interrogatories - Chapter 231, Section 89
  The answers of a party to interrogatories filed may be read by the other party as evidence at the trial. The party interrogated may require...
• Massachusetts General Laws - Repealed, 1975, 377, Sec. 98 - Chapter 231, Section 90
  Repealed, 1975, 377, Sec.
• Massachusetts General Laws - Effect of unproved defense of truth in action of slander or libel; proof of statements not contained in pleadings - Chapter 231, Section 91
  In an action of slander or libel, if the defendant alleges that the words spoken or published were true, such allegation, although not supported by...
• Massachusetts General Laws - Radio or television broadcast; liability of owner of station, etc. - Chapter 231, Section 91A
  The owner, operator or licensee of a radio or television station or network of such stations or the agent or servant of any such person...
• Massachusetts General Laws - Statement relating to bank loan for purchase of goods or services as defense to claim for libel - Chapter 231, Section 91B
  It shall be a defense to any claim for libel or slander brought by a vendor against a purchaser of goods or services that the...
• Massachusetts General Laws - Truth as justification for libel - Chapter 231, Section 92
  The defendant in an action for writing or for publishing a libel may introduce in evidence the truth of the matter contained in the publication...
• Massachusetts General Laws - Retraction of libel; mitigation of damages; punitive damages - Chapter 231, Section 93
  Where the defendant in an action for libel, at any time after the publication of the libel hereinafter referred to, either before or after such...
• Massachusetts General Laws - Evidence in mitigation of damages - Chapter 231, Section 94
  In an action for libel, the defendant may allege and prove in mitigation of damages that the plaintiff already has brought action for or recovered...
• Massachusetts General Laws - Probable cause as defence in action for false arrest - Chapter 231, Section 94A
  If a person authorized to make an arrest shall have probable cause to believe that a misdemeanor for which he may make an arrest is...
• Massachusetts General Laws - False arrest; shoplifting; defrauding innkeepers; defenses - Chapter 231, Section 94B
  In an action for false arrest or false imprisonment brought by any person by reason of having been detained for questioning on or in the...
• Massachusetts General Laws - False arrest; theft of public records; defenses - Chapter 231, Section 94C
  In an action for false arrest or false imprisonment brought by any person by reason of having been detained for questioning on or in the...
• Massachusetts General Laws - Defense to action on default judgment - Chapter 231, Section 95
  In an action upon a judgment obtained by default and without the knowledge of the defendant, brought within six years after the rendition thereof, the...
• Massachusetts General Laws - Relief from final judgment; vacation; effect of attachment - Chapter 231, Section 96
  On motion made pursuant to the Massachusetts Rules of Civil Procedure or the District-Municipal Courts Rules of Civil Procedure, and upon such terms as are...
• Massachusetts General Laws - Repealed, 1947, 361 - Chapter 231, Section 96A
  Repealed, 1947,
• Massachusetts General Laws - Appeal to superior court - Chapter 231, Section 97
  Unless a written waiver of the right of appeal has been filed by all the parties, a party aggrieved by the judgment of a district...
• Massachusetts General Laws - Appeal bond - Chapter 231, Section 98
  No appeal, other than an appeal by a county, city, town or other municipal corporation, from a judgment of a district court in any civil...
• Massachusetts General Laws - Deposit in lieu of appeal bond - Chapter 231, Section 99
  The appellant or any person in his behalf, instead of filing a bond as provided in the preceding section, may deposit with the clerk, within...
• Massachusetts General Laws - Repealed, 1931, 426, Sec. 111 - Chapter 231, Section 100
  Repealed, 1931, 426, Sec.
• Massachusetts General Laws - Record on appeal to superior court; transmission - Chapter 231, Section 101
  When an appeal is taken from a judgment of a district court, the clerk shall transmit to the clerk of the superior court the complaint,...
• Massachusetts General Laws - Docket entries on taking appeal - Chapter 231, Section 102
  When such appeal is taken, the names of all the parties thereto, the nature of the action or proceeding, the doings of the court thereon,...
• Massachusetts General Laws - Repealed, 1943, 296, Sec. 3 - Chapter 231, Section 102A
  Repealed, 1943, 296, Sec.
• Massachusetts General Laws - Repealed, 1958, 369, Sec. 2 - Chapter 231, Section 102B
  Repealed, 1958, 369, Sec.
• Massachusetts General Laws - Transfer of action from superior court; trial; decision; notice; judgment; retransfer; trial - Chapter 231, Section 102C
  The superior court may of its own motion or on the motion of a plaintiff or defendant, after determination by said court that if the...
• Massachusetts General Laws - Waiver of jury trial and right of appeal in cases brought in district court - Chapter 231, Section 103
  If a party elects to bring in any district court any action or other civil proceeding which he might have begun in the superior court,...
• Massachusetts General Laws - Removal from district court to superior court - Chapter 231, Section 104
  Any other party, a plaintiff against whom a claim, counterclaim, or cross-claim is brought, and a defendant who asserts a compulsory counterclaim, may, provided that...
• Massachusetts General Laws - Multiple judgments specification for removal to superior court - Chapter 231, Section 104A
  In any action brought by or against two or more persons in which separate judgments are authorized by the District-Municipal Courts Rules of Civil Procedure,...
• Massachusetts General Laws - Repealed, 1956, 302, Sec. 2 - Chapter 231, Section 105
  Repealed, 1956, 302, Sec.
• Massachusetts General Laws - Deposit in lieu of removal bond - Chapter 231, Section 106
  Any party, in lieu of filing the bond required in section one hundred and four, may deposit with the clerk the sum of one hundred...
• Massachusetts General Laws - Circumstances making removal bond unnecessary - Chapter 231, Section 107
  No bond or deposit under section one hundred and four or one hundred and six shall be required of the commonwealth or any officer or...
• Massachusetts General Laws - Appellate divisions of district courts; assignment and compensation of justices; procedure - Chapter 231, Section 108
  There shall be an appellate division of each district court for the rehearing of matters of law arising in civil cases, in claims of compensation...
• Massachusetts General Laws - Appeal to appeals court from appellate division - Chapter 231, Section 109
  An appeal to the appeals court shall lie from the final decision of the appellate division of any division of the district court department including...
• Massachusetts General Laws - Powers of appellate division - Chapter 231, Section 110
  The appellate division of each district court shall have the powers of amendment of the trial court; shall have discretionary power to take further testimony...
• Massachusetts General Laws - Repealed, 1931, 426, Sec. 119 - Chapter 231, Section 110A to 110C
  Repealed, 1931, 426, Sec.
• Massachusetts General Laws - Report by single justice - Chapter 231, Section 111
  A justice of the superior or land court or the judge of the housing court of the city of Boston, the western division of the...
• Massachusetts General Laws - Report by single justice of supreme judicial court - Chapter 231, Section 112
  A justice of the supreme judicial court, after a finding of facts by the court may report a case for determination by the full court...
• Massachusetts General Laws - Appellate proceedings upon report; application of Rules of Appellate Procedure - Chapter 231, Section 112A
  Proceedings before the appeals court or the full court of the supreme judicial court upon a report pursuant to the two preceding sections shall be...
• Massachusetts General Laws - Objections to rulings or orders - Chapter 231, Section 112B
  In civil actions, formal exceptions to rulings or orders of any court are unnecessary; but for all purposes for which an exception has heretofore been...
• Massachusetts General Laws - Appeal from final judgment of superior court, land court and housing courts - Chapter 231, Section 113
  A party aggrieved by a final judgment of the superior court, the land court, the housing court of the city of Boston, the western division...
• Massachusetts General Laws - Appeal from final judgment of single justice of supreme judicial court - Chapter 231, Section 114
  A party aggrieved by a final judgment of a single justice of the supreme judicial court may appeal therefrom to the full court of the...
• Massachusetts General Laws - Disposition of judgment on appeal; stay of execution - Chapter 231, Section 115
  Upon an appeal the appeals court or the supreme judicial court shall affirm, reverse, or modify the judgment appealed from. Upon reversal of a final...
• Massachusetts General Laws - Protective orders pending appeal - Chapter 231, Section 116
  Upon an appeal from a final judgment, the justice of the court by whom it was made may make such orders staying the enforcement of...
• Massachusetts General Laws - Temporary appellate relief from final judgments pending appeal - Chapter 231, Section 117
  After an appeal has been taken from a final judgment of the superior court, the land court, the housing court of the city of Boston,...
• Massachusetts General Laws - Temporary appellate relief from interlocutory orders; appeals to appeals court or supreme judicial court - Chapter 231, Section 118
  A party aggrieved by an interlocutory order of a trial court justice in the superior court department, the housing court department, the land court department,...
• Massachusetts General Laws - Appeal from interlocutory order for equitable relief - Chapter 231, Section 118A
  A party aggrieved by an interlocutory order of a trial court justice in the district court department or the Boston municipal court department issued pursuant...
• Massachusetts General Laws - Harmless error; disposition of judgment on appeal - Chapter 231, Section 119
  No error in either the admission or the exclusion of evidence and no error or defect in any ruling or order or anything done or...
• Massachusetts General Laws - Repealed, 1973, 1114, Sec. 203 - Chapter 231, Section 120 to 123
  Repealed, 1973, 1114, Sec.
• Massachusetts General Laws - Determination of questions of law by full court on appeal - Chapter 231, Section 124
  Whenever a question in dispute at the trial of an issue of fact in any civil action depends upon the decision of a question of...
• Massachusetts General Laws - Appellate court’s powers of amendment; additional testimony - Chapter 231, Section 125
  Upon appeal in a civil action the appeals court and supreme judicial court shall have all the powers of amendment of the court below; and...
• Massachusetts General Laws - Further report of material facts in equity and probate appeals - Chapter 231, Section 125A
  Upon appeal in any case, in equity or probate, where the evidence is not reported, the full court, if of opinion that a report of...
• Massachusetts General Laws - Repealed, 1973, 1114, Sec. 205 - Chapter 231, Section 126
  Repealed, 1973, 1114, Sec.
• Massachusetts General Laws - Repealed, 1975, 377, Sec. 109 - Chapter 231, Section 127
  Repealed, 1975, 377, Sec.
• Massachusetts General Laws - Repealed, 1973, 1114, Sec. 205 - Chapter 231, Section 128 129
  Repealed, 1973, 1114, Sec.
• Massachusetts General Laws - Costs on refusal of new trial - Chapter 231, Section 130
  If a new trial is refused, the court may impose terms upon the moving party, to be taxed as costs.
• Massachusetts General Laws - Repealed, 1973, 1114, Sec. 205 - Chapter 231, Section 131
  Repealed, 1973, 1114, Sec.
• Massachusetts General Laws - Error not affecting substantial rights; partial new trial - Chapter 231, Section 132
  No new trial shall be granted in any civil action or proceeding on the ground of improper admission or rejection of evidence, or for any...
• Massachusetts General Laws - Repealed, 1973, 1114, Sec. 205 - Chapter 231, Section 133 to 137
  Repealed, 1973, 1114, Sec.
• Massachusetts General Laws - Amendment of pleadings; notice and hearing requisite to bind certain persons; appeal - Chapter 231, Section 138
  No subsequent attaching creditor or purchaser of property attached, other than parties to the record, shall be bound by an amendment of the pleadings which...
• Massachusetts General Laws - Representation of corporate party by officer or agent - Chapter 231, Section 139
  If a corporation is a party to an action or proceeding referred to in this chapter, all motions, pleadings, or other papers requiring the signature...
• Massachusetts General Laws - Repealed, 1975, 377, Sec. 110 - Chapter 231, Section 140
  Repealed, 1975, 377, Sec.
• Massachusetts General Laws - Conclusiveness of consent judgment in automobile case - Chapter 231, Section 140A
  In an action to recover damages for injuries to person or property, or for death, or consequential damages, so called, sustained by reason of a...
• Massachusetts General Laws - 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 - Chapter 231, Section 140B
  Any person against whom a claim or suit for damages on account of bodily injury, property damage, or death is made, or if such person...
• Massachusetts General Laws - Settlement or partial payment by insurer as admission of liability - Chapter 231, Section 140C
  No settlement or partial payment made under a liability insurance policy of a claim against any person insured thereunder shall be construed as an admission...
• Massachusetts General Laws - Settlement of claim of minor or incompetent; judicial powers; petition for settlement approval - Chapter 231, Section 140C1/2
  The trial court may review and approve a settlement for damages because of personal injury to a minor or incompetent person in any case before...
• Massachusetts General Laws - Repealed, 1975, 377, Sec. 110 - Chapter 231, Section 141 to 147
  Repealed, 1975, 377, Sec.

Last modified: September 11, 2015