Massachusetts Statutes

Section 87. In any civil action pleadings shall not be evidence on the trial, but the allegations therein shall bind the party making them.

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 not accepted shall not be evidence against the party making it, either in a subsequent proceeding in the act…

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 the whole of the answers upon any one subject matter inquired of to be read, if a part of them is read; but if no part is read, …

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 shall not be material how he obtained such possession.

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 the evidence, shall not of itself be proof of the malice alleged in the complaint, nor shall statements of the defendant…

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 shall not, in an action for slander or for publishing a libel, be held liable in damages for or on account of any defamatory matter…

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 statement on which the claim is based relates to a loan from a bank used to purchase such goods or services and was made by the purchaser in …

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 charged as libellous; and the truth shall be a justification unless actual malice is proved.

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 action is brought, but before the answer is required to be filed therein, gives written notice to the plaintiff or to his at…

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 damages for, or has received or has agreed to receive compensation in respect of, substantially the same libel as that fo…

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 being committed in his presence, such probable cause shall be a defence in an action brought against him for false arrest or imprisonme…

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 immediate vicinity of the premises of a merchant or an innkeeper, if such person was detained in a reasonable manner and for not m…

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 immediate vicinity of the custodian of the record, it shall be a defense to such action if such person was detained in a reasonabl…

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 court may, in its discretion and upon terms, allow the defendant to show in defense any payment, satisfaction or exti…

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 just, a court may relieve a party or his legal representative from a final judgment. If no attachment was made i…

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 court in a civil action may appeal therefrom to the superior court within 6 days after the entry thereof. In that case no execution shall …

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 action or proceeding, except an action of summary process under chapter two hundred and thirty-nine, or a civil action for money da…

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 the time required for filing a bond, a reasonable amount, to be fixed by the clerk or justice, as security for the prosecution …

Section 1. The supreme judicial court, the superior court, the land court and the probate courts, within their respective jurisdictions, may on appropriate proceedings make binding declarations of right, duty, status and other legal relations sought thereby, either before or afte…

Section 2. The procedure under section one may be used to secure determinations of right, duty, status or other legal relations under deeds, wills or written contracts or other writings constituting a contract or contracts or under the common law, or a charter, statute, municipal…

Section 3. The court may refuse to render or enter a declaratory judgment or decree where such judgment or decree, if rendered or entered, would not terminate the uncertainty or controversy giving rise to the proceedings or for other sufficient reasons. The reasons for such refus…

Section 4. All orders, judgments, decrees and refusals under this chapter may be reviewed as other orders, judgments and decrees.

Section 5. Further relief based on a declaratory judgment or decree may be granted whenever necessary or proper. The application therefor shall be by petition to a court having jurisdiction to grant the relief. If the application be deemed sufficient the court shall, on reasonabl…

Section 6. In any action heretofore or hereafter brought to obtain a judgment or other consequential relief, whether such judgment or relief is granted or not, the court may make a binding determination as provided in this chapter upon application of any party made in his pleadin…

Section 7. In an action wherein a judgment or other consequential relief is sought, the costs shall not be affected by the making or refusal of any determination; but in an action for a determination only, under this chapter, costs shall be wholly in the discretion of the court.

Section 8. When declaratory relief is sought, all persons shall be made parties who have or claim any interest which would be affected by the declaration, and no declaration shall prejudice the rights of persons not parties to the proceeding. In any proceeding which involves the …

Section 9. This chapter is declared to be remedial. Its purpose is to remove, and to afford relief from, uncertainty and insecurity with respect to rights, duties, status and other legal relations, and it is to be liberally construed and administered. Nothing in this chapter shal…

Section 1. (a) Except as otherwise provided in this chapter, where two or more persons become jointly liable in tort for the same injury to person or property, there shall be a right of contribution among them even though judgment has not been recovered against all or any of them…

Section 2. In determining the pro rata shares of tortfeasors in the entire liability (a) their relative degrees of fault shall not be considered; (b) if equity requires, the collective liability of some as a group shall constitute a single share; and (c) principles of equity appl…

Section 3. (a) Whether or not judgment has been entered in an action against two or more tortfeasors for the same injury, contribution may be enforced by separate action. (b) Where a judgment has been entered in an action against two or more tortfeasors for the same injury, contr…

Section 4. When a release or covenant not to sue or not to enforce judgment is given in good faith to one of two or more persons liable in tort for the same injury: (a) It shall not discharge any of the other tortfeasors from liability for the injury unless its terms so provide; …

Section 1. For the purposes of this chapter the following words shall have the following meanings unless the context otherwise requires: ''Annuity issuer'', an insurer that has issued an annuity contract to be used to fund periodic payments under a structured settlement. ''Applic…

Section 2. (a) No direct or indirect transfer of structured settlement payment rights shall be effective, and no structured settlement obligor or annuity issuer shall be required to make a payment directly or indirectly to a transferee of structured settlement payment rights, unl…

Section 3. (a) The provisions of sections 2 to 4, inclusive, shall not be waived. (b) No payee who proposes to make a transfer of structured settlement payment rights shall incur a penalty, forfeit an application fee or other payment, or otherwise incur any liability to the propo…

Section 4. (a) If in connection with a transfer of structured settlement payment rights, a transferee has violated the discount/finance charge stipulation, neither the transferee nor any assignee shall be entitled to collect from the transferred payment rights, or from the payee,…

Section 5. Nothing contained in this chapter shall be construed to authorize any transfer of workers' compensation payment rights in contravention of applicable law or to give effect to any transfer of workers' compensation or other payment rights that is invalid under applicable…

Section 1. The payment or tender of payment of the whole amount due on a contract for the payment of money after it is due and payable and before action is commenced shall, if pleaded, have the same effect as if made at the time provided in the contract. Such payment or tender ma…

Section 2. If such tender is accepted, the parties shall file a stipulation of dismissal in the court in which the action is pending.

Section 3. A person upon whose property a lien is claimed may make in any proceeding a tender or an offer of judgment relating thereto in like manner and with like effect as in matters of contract.

Section 1. A clerk of a court of record, a notary public or a justice of the peace may issue summonses for witnesses in all cases pending before courts, magistrates, auditors, referees, arbitrators or other persons authorized to examine witnesses, and at all hearings upon applica…

Section 10. A justice of the supreme judicial or the superior court, upon application of a tribunal authorized to summon but not to compel the attendance of witnesses and the giving of testimony before it, may, in his discretion, compel the attendance of such witnesses and the gi…

Section 11. A justice of the supreme judicial or the superior court, upon the application of a magistrate or tribunal authorized to summon and compel the attendance of witnesses may, in his discretion, compel the giving of testimony by them before such magistrate or tribunal, in …

Section 12. A justice of the peace, upon receipt of a certificate of the clerk of a court of record in the state of Maine or in a state adjoining this commonwealth that a criminal prosecution is pending in such court, and that a resident of the commonwealth is supposed to be a ma…

Section 13. If the person on whom such summons is served is paid or tendered double the fees allowed by law for travel and attendance of witnesses in the supreme judicial court, and double traveling expenses for the whole distance out and home by the ordinary traveled route, he s…

Section 13A. If a certificate wherein a judge of a court of record in any state which by its laws has made provision for commanding persons within its borders to attend and testify in criminal actions, prosecutions and other criminal proceedings pending, or grand jury investigati…

Section 13B. If a person in any state which by its laws has made provision for commanding persons within its borders to attend and testify in criminal proceedings pending, or grand jury investigations and proceedings commenced or about to commence, in this commonwealth is a mater…