Rule 55 – Default

by | May 13, 2021 | Civil Law, Massachusetts

(a) Entry. When a party against whom a judgment for affirmative relief is sought has failed to plead or otherwise defend as provided by these rules and that fact is made to appear by affidavit or otherwise, the clerk shall enter his default.(b) Judgment. Judgment by...

Rule 54 – Judgments: Costs

by | May 13, 2021 | Civil Law, Massachusetts

(a) Definition; Form. The terms “judgment” and “final judgment” include a decree and mean the act of the trial court finally adjudicating the rights of the parties affected by the judgment, including: (1) judgments entered under Rule 50(b) and...

Rule 53 – Masters

by | May 13, 2021 | Civil Law, Massachusetts

(a) Definition. The following words, as used in this rule, shall mean: (i) “master” shall mean any person, however designated, who is appointed by the court to hear evidence in connection with any action and report facts.(ii) “stenographer”...

Rule 52 – Findings by the Court

by | May 13, 2021 | Civil Law, Massachusetts

(a) Courts Other Than District Court: Effect. In all actions tried upon the facts without a jury, the court shall find the facts specially and state separately its conclusions of law thereon, and judgment shall be entered pursuant to Rule 58. Requests for findings are...

Rule 51 – Argument: Instructions to Jury

by | May 13, 2021 | Civil Law, Massachusetts

(a) Time for Argument. Counsel for each party shall be allowed thirty minutes for argument; but before the argument commences, the court, on motion or sua sponte, may reasonably reduce or extend the time. When two or more attorneys are to be heard on behalf of the...