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 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 mo…

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 …

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 Un…

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…

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 the superior court, a physician licensed to practice medicine in the commonwealth under the provisions of section two of ch…

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.

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 neglec…

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 eith…

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 tried to a jury, the court shall instruct the jury that if the jury awards damages to the plain…

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 the plaintiff seeks to recover for the costs of medical care, custodial care or rehabilitation…

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 instruc…

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 su…

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 otherwi…

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 a…

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 seventh paragraph of section 60B unless the person has given the health care provider 182 days written notice before the action…

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 pa…

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 t…

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…

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 …

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 selec…

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 special order in each case.

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 pertine…

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 …

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 att…

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 …

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 pe…

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…

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; ''C…

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 or justice or by a jury, auditor, master or other finder of fact, the court may determine, after a hearing, as a separate and distinct…

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…

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 dat…

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 t…

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 o…

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 …

Section 81. The courts shall not charge juries with respect to matters of fact, but they may state the testimony and the law.

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…

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 witnesses for the purpose of taking notes of their testimony.

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, whether in the same or in different counties, the court or any justice thereof may order that some or all of them be tr…

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 injury to person or property, if such negligence was not greater than the total amount of negligence attributa…

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 accident or collision in which a motor vehicle was involved, evidence that at the time of such accident or collision it was registered in the n…

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 under the direct control and instruction of the department and no other person who volunteers in a search and rescue …

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 a motor vehicle, as defined in sections one and thirty-four A of chapter ninety, was involved, such motor vehicle…

Section 85BB. (a) A law enforcement officer, as defined in section 1 of chapter 6E, who knowingly submits to a state agency, state authority, city, town or agency, as defined in said section 1 of said chapter 6E, a false or fraudulent claim of hours worked for payment and receive…

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 hundred and fourteen to reach and apply the proceeds of any motor vehicle liability policy, as defined in section thirty…

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 the infant shall not be imputed to the infant from the fact of such parenthood or custodianship.

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 said motor vehicle, any defense which would be available as against any registered owner thereof shall be available as against the person …