Massachusetts Statutes

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 to section 19C of chapter 218 in response to a request for equitable relief may file within 10 days of the …

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 omitted by the trial court or by any of the parties is ground for modifying or otherwise disturbing a judgment or order unless the appeals …

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 law, the appeals court or the full bench of the supreme judicial court, upon appeal may, if satisfied that it has before it all the facts ne…

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 whenever objections have been taken to the exclusion of evidence, or where the alleged error arises from the omission at the tria…

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 material facts required by or made under section fifteen A of chapter one hundred and eighty-five, section twenty-three of chapter two h…

Section 130. If a new trial is refused, the court may impose terms upon the moving party, to be taxed as costs.

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 error as to any matter of pleading or procedure, if the judge who presided at the trial when application is made by motion for a n…

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 substantially affects his rights unless he has had due notice of the motion for leave to amend and unless he ha…

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 or oath of the party may be signed or sworn to in behalf of the corporation by an officer or agent thereunto specially …

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 is contained a stipulation, whereby the defendant in such action waived or agreed to waive or authorized another person to …

Section 13B. No complaint in any civil action shall contain an ad damnum or monetary amount claimed against any defendant, unless such ad damnum or monetary amount claimed indicates damages which are liquidated or ascertainable by calculation and a statement under oath by a perso…

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 motor vehicle accident, a judgment entered by agreement of the parties, without a hearing on the merits, shall not operate…

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 is insured against loss by reason of his liability to pay such damages the insurer of such person may advance money to, or pay bills…

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 of liability by such person, with respect to any claim arising from the same event.

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 overruled on demurrer, or, if, in consequence of such answer in abatement, the plaintiff amends, the defendant within such time as the…

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 general issue and may give in evidence thereunder all matters which he might formerly have pleaded in bar.

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 the plaintiff's claim or cause of action or against a judgment recovered by the plaintiff in such action.

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 defendant, allege any facts which would in equity avoid such defense or which would entitle the plaintiff to be absolutel…

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 the plea is filed.

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 filing or entry thereof, be endorsed by a responsible person who is such an inhabitant; but if one of the plaintiffs is such a…

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 the preceding section, the court may at any stage of the case, upon terms, allow him to procure an endorser with…

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, shall, and of its own motion may, require the plaintiff to procure a responsible endorser.

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.

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 party shall recover his costs.

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 for costs from the commencement of the action.

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 the action, and may allow any other amendment in matter of form or substance in any process, pleading or proceeding, which may ena…

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 court may allow a party to whose pleadings a demurrer has been filed to amend, upon terms, within such time …

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 motor vehicle liability policy or a motor vehicle liability bond, both as defined in section thirty-four A of chapter ninety, and wherei…

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 trial. If the court finds that the plaintiff seeks to recover solely for his personal labor, with or without interest, the cou…

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 request of either party, be advanced by the court so that it may be heard and determined w…

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 or application of any of the provisions of chapters fifty to fifty-four A, inclusive, on motion of any party thereto…

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 under chapters one hundred and twenty-one or one hundred and twenty-one A or under section thirteen of chapter six hundr…

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…