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[Disclaimer] (a) Form of Motions and Oppositions Thereto. (1) Motions. A moving party shall serve with the motion a separate memorandum stating the reasons, including supporting authorities, why the motion should be granted and may include a request for a hearing.
Pendente lite is Latin for pending litigation and refers to temporary relief the Court can award to spouses while their divorce litigation is pending. A pendente lite hearing is typically scheduled within 3-4 months of the filing of the initial Complaint.
Opposition to Motion to Dismiss Serve Opposition Papers Within 14 Days of Service of Motion. Grounds. Length of Memoranda. Opposing Memorandum of Reasons Required. Request for Special Action. Request for Hearing. Signature Required. Additional Requirements.
Massachusetts case law indicates that a motion for judgment on the pleadings will be treated as a motion to dismiss for failure to state a claim BUT only where a party has failed to timely assert the failure to state a claim defense.
(1973) Rule 41(a) provides for voluntary dismissal. Under Rule 41(a)(1), the plaintiff may dismiss without order of court merely by filing a notice of dismissal prior to an answer or a motion for summary judgment.
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To obtain alimony pendente lite, the applicant must show: Proof of marriage to the other spouse. The existence of a pending divorce. A cause of action or defense with some chance of success. Financial inability to support himself or herself and pay for the expenses associated with divorce.
Rule 41(b)(2) provides for involuntary dismissal upon motion of the defendant on one of two grounds: (1) failure to comply with the rules or any order of the court; or (2) in an action tried without a jury, if, upon the facts and the law, the plaintiff has shown no right to relief.
(i) Time for service of opposition All Oppositions must be served no later than 10 days after service of the Motion Papers.
An administrator pendente lite is appointed (by a probate court) to manage an estate and probate a will during the pendency of the dispute, or until a more permanent administrator or executor of the estate in question is installed. The resolution of the legal dispute terminates the administration.
Pendente lite motion are issued in divorce actions. Usually, it is an application used to ask the court for relief while the litigation is going on. For example, its are typically drafted to urge the court to different kind of financial support ( child support, interim counsel fees) to the less monied spouse.

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