FREE MA Bar Civil Procedure Questions and Answers

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In Massachusetts, what is the purpose of a pretrial conference?

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A pretrial conference is used to streamline the issues, discuss settlement, set a trial date, and make other pretrial arrangements.

In Massachusetts, which of the following is the correct standard for granting a motion to dismiss for failure to state a claim?

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A motion to dismiss for failure to state a claim tests the legal sufficiency of the complaint, assuming the truth of the facts alleged.

Which of the following discovery methods allows a party to obtain documents from a non-party in Massachusetts civil litigation?

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A subpoena duces tecum is used to compel a non-party to produce documents or evidence during the discovery phase of litigation.

Which of the following courts has original jurisdiction over most civil cases in Massachusetts?

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The Massachusetts Superior Court has original jurisdiction over most civil cases, particularly those involving larger sums of money or more serious issues.

Under Massachusetts law, when may a party file a motion for summary judgment?

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A motion for summary judgment is appropriate when there is no genuine issue of material fact and the moving party is entitled to judgment as a matter of law.