Dismissal under this paragraph shall be without prejudice. Otherwise such notice shall be published as directed by the court. The notice shall be mailed to the plaintiff's attorney of record, or, if there be none, to the plaintiff if his address be known. The notice shall state that the action will be dismissed on a day certain, (not less than one year from the date of the notice) unless before that day the case has been tried, heard on the merits, otherwise disposed of, or unless the court on motion with or without notice shall otherwise order.
Filing a motion to dismiss trial#
(1) On Court's Own Motion. The court may on notice as hereinafter provided at any time, in its discretion, dismiss for lack of prosecution any action which has remained upon the docket for three years preceding said notice without activity shown other than placing upon the trial list, marking for trial, being set down for trial, the filing or withdrawal of an appearance, or the filing of any paper pertaining to discovery. (b) Involuntary dismissal: Effect thereof Unless otherwise specified in the order, a dismissal under this paragraph is without prejudice. If a counterclaim has been pleaded by a defendant prior to the service upon him of the plaintiff's motion to dismiss, the action shall not be dismissed against the defendant's objection unless the counterclaim can remain pending for independent adjudication by the court. an action shall not be dismissed at the plaintiff's instance save upon order of the court and upon such terms and conditions as the court deems proper. (2) By Order of Court. Except as provided in paragraph (1) of this subdivision (a). Unless otherwise stated in the notice of dismissal or stipulation, the dismissal is without prejudice, except that a notice of dismissal operates as an adjudication upon the merits when filed by a plaintiff who has once dismissed in any court of the United States or of this or any other state an action based on or including the same claim. (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 time before service by the adverse party of an answer or of a motion for summary judgment, whichever first occurs, or (ii) by filing a stipulation of dismissal signed by all parties who have appeared in the action.
Rule 71: Process in behalf of and against persons not parties.Rule 70: Judgment for specific acts: Vesting title.Rule 65.3: Proceedings for civil contempt.Rule 65.2: Redelivery of goods or chattels.Rule 65.1: Security: Proceedings against security provider.Provisional and final remedies and special procedures Rule 62: Stay of proceedings to enforce a judgment.Rule 59: New trials: Amendment of judgments.Rule 55.1: Special requirements for defaults and default judgments for certain consumer debts.Rule 51: Argument: Instructions to jury.Rule 50: Motion for a directed verdict and for judgment notwithstanding the verdict.Rule 49: Special verdicts and interrogatories.Rule 48: Number of jurors - Majority verdict.Rule 44.1: Determination of foreign law.Rule 42: Consolidation: Separate trials.Rule 40: Assignment of cases for trial: Continuances.Rule 37: Failure to make discovery: Sanctions.Rule 35: Physical and mental examination of persons.Rule 34: Producing documents, electronically stored information, and tangible things, or entering onto land, for inspection and other purposes.Rule 32: Use of depositions in court proceedings.Rule 31: Depositions of witnesses upon written questions.Rule 30: Depositions upon oral examination.Rule 29: Stipulations regarding discovery procedure.Rule 28: Persons before whom depositions may be taken.Rule 27: Depositions before action or pending appeal.Rule 26: General provisions governing discovery.Rule 23.2: Actions relating to unincorporated associations.Rule 23.1: Derivative actions by shareholders.
Rule 21: Misjoinder and non-joinder of parties.Rule 19: Joinder of persons needed for just adjudication.Rule 18: Joinder of claims and remedies.Rule 17: Parties plaintiff and defendant: Capacity.Rule 16: Pre-trial procedure: Formulating issues.
Rule 5: Service and filing of pleadings and other papers.Rule 4.3: Arrest: Supplementary process: Ne exeat.Commencement of action service of process, pleadings, motions and orders For the law library, Massachusetts Rules of Civil Procedure
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