Rule 44.1 – Determination of Foreign Law

by | May 13, 2021 | Civil Law, Massachusetts

A party who intends to raise an issue concerning the law of the United States or of any state, territory or dependency thereof or of a foreign country shall give notice in his pleadings or other reasonable written notice. The court, in determining such law, may...

Rule 44 – Proof of Official Records

by | May 13, 2021 | Civil Law, Massachusetts

(a) Authentication.(1) Domestic. An official record kept within the Commonwealth, or an entry therein, when admissible for any purpose, may be evidenced by an official publication thereof or by a copy attested by the officer having legal custody of the record, or by...

Rule 43 – Evidence

by | May 13, 2021 | Civil Law, Massachusetts

(a) Form and Admissibility. In all trials the testimony of witnesses shall be taken orally in open court, unless otherwise provided by these rules. All evidence shall be admitted which is admissible under the statutes of this Commonwealth or under the rules of...

Rule 42 – Consolidation: Separate Trials

by | May 13, 2021 | Civil Law, Massachusetts

(a) Courts Other Than District Court: Consolidation. When actions involving a common question of law or fact are pending before the court, in the same county or different counties, it may order a joint hearing or trial of any or all the matters in issue in the...

Rule 41 – Dismissal of Actions

by | May 13, 2021 | Civil Law, Massachusetts

(a) Voluntary Dismissal: Effect Thereof.(1) By Plaintiff; By Stipulation. Subject to the provisions of these rules and of any statute of this Commonwealth, an action may be dismissed by the plaintiff without order of court (i) by filing a notice of dismissal at any...