Skip to Content
The
188
th
General Court of
T
he
C
ommonwealth of
M
assachusetts
Home
Glossary
FAQs
GO
Search
Options
Massachusetts Laws
Massachusetts Constitution
General Laws
Session Laws
Rules
Senate Rules
House Rules
Joint Rules
Bills
Bill Search
Drafting Manual
Calendars
Senate Calendar
House Calendar
Joint Calendar
Journals
Senate Journals
House Journals
State Budget
Budget Process
Budget Breakdown
Senate Budget
FY 2014 Senate Budget
FY 2013 Senate Budget
FY 2012 Senate Budget
House Budget
FY 2014 House Budget
FY 2013 House Budget
FY 2012 House Budget
Current / Prior Budgets
FY 2013 Budget
FY 2012 Budget
FY 2011 Budget
People
Find a Legislator
Leadership
Senate
House
Clerks
Senate
House
Committees
What's a Committee?
Senate Committees
House Committees
Joint Committees
Committee Hearings
Educate & Engage
For Teachers & Kids
How an Idea Becomes a Law
State House Tours
Redistricting
Educational Opportunities
Accessibility
State House Directions
Contact Us
Events
Senate Sessions
House Sessions
Joint Sessions
Committee Hearings
Special Events
Legislative Deadlines & Significant Dates
Senate Deadlines
House Deadlines
Home
Bills & Laws
Laws
General Laws
PART III
TITLE II
CHAPTER 231
Massachusetts Laws
Massachusetts Constitution
General Laws
Rules
Session Laws
General Laws
Click to Print
Print Page
PART III
COURTS, JUDICIAL OFFICERS AND PROCEEDINGS IN CIVIL CASES
(Chapters 211 through 262)
Prev
Next
TITLE II
ACTIONS AND PROCEEDINGS THEREIN
Prev
Next
CHAPTER 231
PLEADING AND PRACTICE
Prev
Next
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Repealed, 1975, 377, Sec. 73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Repealed, 1975, 377, Sec. 75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Repealed, 1975, 377, Sec. 75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Repealed, 1973, 1114, Sec. 158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Repealed, 1975, 377, Sec. 75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 85P1/2
Child performers; contracts; court approval
Section 85Q
Standard of care owed children; maintenance of artificial condition upon land
Section 85R
Boat races or regattas; liability for injuries
Section 85R1/2
Liability for damage to property as a result of shoplifting or attempted larceny; recovery
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 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
Site Map
Show / Hide Site Map
Massachusetts Laws
Massachusetts Constitution
General Laws
Rules
Session Laws
Bills
Bills Search
Drafting Manual
Calendars
Journals
State Budget
Budget Process
Budget Breakdown
Senate Budget
House Budget
Current / Prior Budgets
People
Find a Legislator
Leadership
Senate
House
Clerks
Committees
What’s a Committee?
Senate Committees
House Committees
Joint Committees
Educate & Engage
For Teachers & Kids
How an Idea Becomes a Law
State House Tours
Redistricting
Educational Opportunities
Accessibility
State House Directions
Contact Us
Events
Senate Sessions
House Sessions
Joint Sessions
Committee Hearings
Special Events
Redistricting
What is Redistricting?
Redistricting Laws
Court Cases
New District Maps
Old District Maps
US Census Data
Find a District
Committee
Documents
Calendar
Draw Districts
Contact