[PDF] Top 20 Chapter 12: Civil Practice and Procedure

... At least one case involving a challenge to the validity of service of process under chapter 223A indirectly indicates that such service need not be made by an officer authorized by st[r] ... See full document

... defense oflack of personal jurisdiction, the Supreme Judicial Court noted that the probate court judge had viewed the defendant's submission of an answer to the merits of the complaint[r] ... See full document

... The recent decisions of the United States Supreme Court in the area of criminal procedure have begun to have a considerable impact upon litigation in the Massachusetts [r] ... See full document

... Wade requires that in the case of post-indictment lineups without counsel occurring after June 12, 1967, testimony about lineup identifications is to be excluded per s[r] ... See full document

... On appeal the Supreme Judicial Court affirmed the holding of the trial court, reasoning that the prosecution sustained its burden of proving sanity beyond a reasonable doubt [r] ... See full document

... Plaintiffs then filed a motion in the Supreme Judicial Court seeking to revoke the interlocutory superior court order appointing the district.. court judge master.[r] ... See full document

... " But see D'Annolfo v. This may not be an adequate safeguard for the constitutional right to trial by jury because the plaintiff, in deciding whether to accept or reject the judg[r] ... See full document

... The initial question with regard to this order was whether such an order allowing a motion for a new trial was interlocutory and, therefore, not ripe for review until [r] ... See full document

... The superior court denied the motion and was affirmed by the Appeals CourtY' The Appeals Court noted that the judge below did not state his reasons for denying the [r] ... See full document

... The local summary judgment rule closely tracks Rule 56 of the Federal Rules of Civil Procedure which has had a long and successful history as an important tool of [r] ... See full document

... Restrictions on oral argument have been imposed with accelerating frequency in recent years, particularly by federal courts of appeals. 6 The action of the Massachu[r] ... See full document

... Thus, in grant- ing the motion of the Massachusetts packer for summary judgment, the court permitted the use of the doctrine of collateral estoppel defen- sively, although t[r] ... See full document

... The promulgation by the United States Supreme Court of the Federal Rules of Civil Procedure in 1938,4 conspicuously featuring liberalized discovery procedure, was hailed by t[r] ... See full document

... and/or Sports Equipment for refund on defective balls (this will probably be an action for breach of implied warranties, unless actual warranties were given); (e)[r] ... See full document

... The district court further noted that, while some Massachusetts cases had allowed for substitution of parties after the expiration of the period of the statute of limitat[r] ... See full document

... It cannot be said that Automobile Body does do business in Massachusetts merely be- cause its subsidiary does, in the absence of any evidence that the subsi- diary was [r] ... See full document

... As a defense, the cooperative argued that the applicable state (South Carolina) workmen's compensation law rendered its remedy exclusive against the cooperative as wel[r] ... See full document

... The Advisory Committee on Rules for Civil Procedure noted that the second sentence expressly allows resort in original federal ac- tions to the procedures provided [r] ... See full document

... the federal District Court for Massachusetts held that where a non- resident guaranteed a note made in Massachusetts by a Massachusetts obligor, the nonresident by virtue [r] ... See full document

... On the issue of the failure to state in the opening an essential part of the plaintiff's case, the Court relied on a line of Massachusetts cases which holds that [r] ... See full document