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 of tort (a) for assault, battery, imprisonment or other damage to the person; (b) for consequential damages aris…

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 devisee at the sitting when the death of the deceased party is suggested or within such further time as the court allows, the surviving p…

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 as the court allows, appear and defend the action, which shall be conducted as if commenced against him. If the heir or devisee does n…

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 as if it had been commenced after the appointment of the guardian, or the court may appoint a guardian for the action, as the case m…

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 his removal, resignation or death, be commenced or, if pending, may be prosecuted by his successor, as it might have been by the p…

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 not be abated by the death of any party, but may be prosecuted by or against his executor or administrator.

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 the same manner as it ought to have been by the officer if he had recovered the same; but if judgment is rendered against such…

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 the action and before final judgment, the action may proceed and be prosecuted by or against his executor or administrator, and if th…

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 the executor or administrator shall be in accordance with said rules.

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 be suggested on the record, and the executor or administrator may, within such time as the court shall a…

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 the cause of which survives and who had a right to take out a citation against the executor or administrato…

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 be made to appear to the court that the legal representative of the deceased person within nine months of his appointment fai…

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 of Civil Procedure nor the final determination of the action in which the representative is substi…

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 be nonsuited or defaulted and judgment rendered against him in like manner as if the action had been commenced by or against him in …

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 by the surviving plaintiff or against the surviving defendant, as the case may be. If all the plaintiffs or defendants…

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 of action may, within such time as the court allows, appear and prosecute the action in the same manner as if commenced by him. If the firs…

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 prosecute the action with the survivors, in the same manner as if he had been originally a party thereto.