Chapter 231

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Chapter 231: PLEADING AND PRACTICE

• Section 1 to 5 Repealed, 1975, 377, Sec. 73
• Section 6 Assignee of claim assigned by executor or administrator, proceedings
• Section 6A Repealed, 1975, 377, Sec. 75
• Section 6B Interest added to damages in tort actions
• Section 6C Interest added to damages in contract actions
• Section 6D Damages for pain and suffering in tort actions arising out of operation, etc., of motor vehicles; restrictions
• Section 6E Definitions applicable to sections 6E to 6G
• Section 6F Costs, expenses and interest for insubstantial, frivolous or bad faith claims or defenses
• Section 6G Appeals; motions for expenses for insubstantial, frivolous or bad faith claims or defenses
• Section 6H Interest on damages
• Section 6I Interest rate; schedule
• Section 7 Repealed, 1975, 377, Sec. 75
• Section 8 Repealed, 1973, 1114, Sec. 158
• Section 9 Action to recover possession of real property
• Section 10 to 13 Repealed, 1975, 377, Sec. 75
• Section 13A Invalidity of stipulation waiving service of process or authorizing confession of judgment; vacation of judgment
• Section 13B Ad damnum or monetary amount claimed
• Section 14 to 20 Repealed, 1975, 377, Sec. 75
• Section 21 Pleading following answer in abatement
• Section 22 Pleading the general issue; evidence
• Section 23 to 30 Repealed, 1975, 377, Sec. 77
• Section 31 Equitable defenses
• Section 32 to 34 Repealed, 1975, 377, Sec. 78
• Section 35 Reply avoiding defense in equity
• Section 36 to 38 Repealed, 1975, 377, Sec. 80
• Section 39 Real and mixed actions at issue in land court
• Section 40, 41 Repealed, 1975, 377, Sec. 82
• Section 42 Endorsement of pleading or process before filing or entry; residence
• Section 43 Late endorsement of pleading or process
• Section 44 Endorsement when plaintiff removes from commonwealth
• Section 45 Procuring new responsible endorser
• Section 46 Repealed, 1973, 1114, Sec. 168
• Section 47 Dismissal on failure to obtain endorser
• Section 48 Substitute endorser
• Section 49, 50 Repealed, 1975, 377, Sec. 84
• Section 51 Amendments as to parties, process or pleading
• Section 52 Amendment after demurrer
• Section 53, 54 Repealed, 1975, 377, Sec. 87
• Section 55 Repealed, 1973, 1114, Sec. 170
• Section 56 to 58 Repealed, 1975, 377, Sec. 87
• Section 58A Notice of default to company issuing motor vehicle liability policy or bond; assessment of damages deferred
• Section 59 Repealed, 1975, 377, Sec. 87
• Section 59A Advancing action for speedy trial
• Section 59B Repealed, 1975, 377, Sec. 87
• Section 59C Request of either party
• Section 59D Speedy trial of actions involving election laws
• Section 59E Request of either party
• Section 59F Speedy trial for persons sixty-five years of age or older
• Section 59G Dismissal for failure to file a timely request for trial; vacation of judgment
• Section 59H Strategic litigation against public participation; special motion to dismiss
• Section 60, 60A Repealed, 1973, 1114, Sec. 178
• Section 60B Malpractice actions against providers of health care; tribunal
• Section 60C Malpractice complaints; ad damnum prohibited
• Section 60D Claim by minor against provider of health care; limitations
• Section 60E Malpractice action; professional examination of claimant
• Section 60F Award of damages; elements and itemization of amounts
• Section 60G Reduction of award of damages; collateral sources of benefits
• Section 60H Limitation of damages for pain and suffering
• Section 60I Attorney fees; limitations on contingency fees
• Section 60J Negligence actions for serving alcoholic beverages to minors or intoxicated persons; summary judgments
• Section 60K Actions for malpractice, negligence, etc. against health care providers; damages; rate of interest
• Section 60L Written notice requirement for actions against health care providers as defined in seventh paragraph of Sec. 60B; time for filing; exceptions; contents; provider's access to medical records; written response
• Section 61 Filing interrogatories
• Section 62 Answers to interrogatories
• Section 63 Rules governing use of interrogatories
• Section 64 Failure to answer or to amend or expunge answer
• Section 65 Person answering interrogatories when corporation, municipal corporation, minor or incompetent is party
• Section 66 Order for costs
• Section 67 Non-disclosure of information not pertinent
• Section 68 Inspecting documents
• Section 69 Demand for admissions; answer to demand or refusal of admissions; costs
• Section 70 Repealed, 1975, 377, Sec. 91
• Section 71 Motions and interlocutory orders
• Section 72 Agreements regarding amendments and trial procedure
• Section 73 Repealed, 1932, 180, Sec. 40
• Section 74 to 76 Repealed, 1975, 377, Sec. 94
• Section 77 Repealed, 1973, 1114, Sec. 185
• Section 78 Repealed, 1932, 180, Sec. 40
• Section 79 Repealed, 1975, 377, Sec. 94
• Section 80 Repealed, 1973, 1114, Sec. 187
• Section 81 Charges as to facts, etc.
• Section 82 Designation of place of trial
• Section 83 Interrupting examination of witnesses
• Section 84 Repealed, 1973, 1114, Sec. 189
• Section 84A Consolidation of actions involving same subject matter
• Section 85 Comparative negligence; limited effect of contributory negligence as defense
• Section 85A Prima facie evidence of owner's responsibility for operation of motor vehicle
• Section 85B Action for consequential damages; presumption of automobile owner's responsibility
• Section 85C Action to enforce liability policy or bond; presumption of insured's consent to operation of vehicle
• Section 85D Imputing negligence of parent or custodian to infant
• Section 85E Motor vehicles; defenses in subrogation claims
• Section 85F Imputation of negligence of operator of motor vehicle to passenger-owner
• Section 85G Parents' liability for willful acts of minor children
• Section 85H Leased property; failure to return; conversion; presumption
• Section 85I Emergency care, etc. of injured persons by members of ski patrols; exemption from civil liability
• Section 85J Fraud or deceit in sale of personal property; treble damages
• Section 85K Limitation of tort liability of certain charitable organizations; liability of directors, officers or trustees of educational institutions
• Section 85L Recovery of damages against operator of motor vehicle by guest; ordinary negligence
• Section 85M Disclaimers of liability by parking facilities not a defense and void
• Section 85N Liability of licensed members of certain professional societies and committees for damages resulting from official acts
• Section 85O Contracts; age of legal capacity and liability in civil actions
• Section 85P Age of majority; legal capacity
• Section 85Q Standard of care owed children; maintenance of artificial condition upon land
• Section 85R Boat races or regattas; liability for injuries
• Section 85S Physical alteration or destruction of fine art
• Section 85T Negligence action for serving alcohol to intoxicated person prohibited; exceptions
• Section 85U Death or injury to unlawful dwelling occupants; liability of lawful occupants
• Section 85V Sports program volunteers' liability; definitions
• Section 85W Officers and directors of charitable corporations; tort liability
• Section 85X Loss of consortium of a dependent child; cause of action
• Section 85Y Child care facilities; liability of owner of property for injury or damage on premises
• Section 85Z Conveyances without fair consideration by persons in contempt of an order or judgment for child support; civil action
• Section 85AA Liability of registered rescue volunteers
• Section 85BB False claim of hours worked knowingly submitted by law enforcement officer
• Section 85P1/2 Child performers; contracts; court approval
• Section 85R1/2 Liability for damage to property as a result of shoplifting or attempted larceny; recovery
• Section 86 Repealed, 1975, 377, Sec. 96
• Section 87 Pleadings as evidence; effect
• Section 88 Effect of unaccepted offer of judgment
• Section 89 Use at trial of answers to interrogatories
• Section 90 Repealed, 1975, 377, Sec. 98
• Section 91 Effect of unproved defense of truth in action of slander or libel; proof of statements not contained in pleadings
• Section 91A Radio or television broadcast; liability of owner of station, etc.
• Section 91B Statement relating to bank loan for purchase of goods or services as defense to claim for libel
• Section 92 Truth as justification for libel
• Section 93 Retraction of libel; mitigation of damages; punitive damages
• Section 94 Evidence in mitigation of damages
• Section 94A Probable cause as defence in action for false arrest
• Section 94B False arrest; shoplifting; defrauding innkeepers; defenses
• Section 94C False arrest; theft of public records; defenses
• Section 95 Defense to action on default judgment
• Section 96 Relief from final judgment; vacation; effect of attachment
• Section 96A Repealed, 1947, 361
• Section 97 Appeal to superior court
• Section 98 Appeal bond
• Section 99 Deposit in lieu of appeal bond
• Section 100 Repealed, 1931, 426, Sec. 111
• Section 101 Record on appeal to superior court; transmission
• Section 102 Docket entries on taking appeal
• Section 102A Repealed, 1943, 296, Sec. 3
• Section 102B Repealed, 1958, 369, Sec. 2
• Section 102C Transfer of action from superior court; trial; decision; notice; judgment; retransfer; trial
• Section 103 Waiver of jury trial and right of appeal in cases brought in district court
• Section 104 Removal from district court to superior court
• Section 104A Multiple judgments specification for removal to superior court
• Section 105 Repealed, 1956, 302, Sec. 2
• Section 106 Deposit in lieu of removal bond
• Section 107 Circumstances making removal bond unnecessary
• Section 108 Appellate divisions of district courts; assignment and compensation of justices; procedure
• Section 109 Appeal to appeals court from appellate division
• Section 110 Powers of appellate division
• Section 110A to 110C Repealed, 1931, 426, Sec. 119
• Section 111 Report by single justice
• Section 112 Report by single justice of supreme judicial court
• Section 112A Appellate proceedings upon report; application of Rules of Appellate Procedure
• Section 112B Objections to rulings or orders
• Section 113 Appeal from final judgment of superior court, land court and housing courts
• Section 114 Appeal from final judgment of single justice of supreme judicial court
• Section 115 Disposition of judgment on appeal; stay of execution
• Section 116 Protective orders pending appeal
• Section 117 Temporary appellate relief from final judgments pending appeal
• Section 118 Temporary appellate relief from interlocutory orders; appeals to appeals court or supreme judicial court
• Section 118A Appeal from interlocutory order for equitable relief
• Section 119 Harmless error; disposition of judgment on appeal
• Section 120 to 123 Repealed, 1973, 1114, Sec. 203
• Section 124 Determination of questions of law by full court on appeal
• Section 125 Appellate court's powers of amendment; additional testimony
• Section 125A Further report of material facts in equity and probate appeals
• Section 126 Repealed, 1973, 1114, Sec. 205
• Section 127 Repealed, 1975, 377, Sec. 109
• Section 128, 129 Repealed, 1973, 1114, Sec. 205
• Section 130 Costs on refusal of new trial
• Section 131 Repealed, 1973, 1114, Sec. 205
• Section 132 Error not affecting substantial rights; partial new trial
• Section 133 to 137 Repealed, 1973, 1114, Sec. 205
• Section 138 Amendment of pleadings; notice and hearing requisite to bind certain persons; appeal
• Section 139 Representation of corporate party by officer or agent
• Section 140 Repealed, 1975, 377, Sec. 110
• Section 140A Conclusiveness of consent judgment in automobile case
• Section 140B Advance payments or settlements of claims by insurers; effect upon liability; admissibility as evidence; credit upon judgment; notice of limitations to claimant by insurer; accrual of cause of action
• Section 140C Settlement or partial payment by insurer as admission of liability
• Section 140C1/2 Settlement of claim of minor or incompetent; judicial powers; petition for settlement approval
• Section 141 to 147 Repealed, 1975, 377, Sec. 110