What are civil cases?
What are civil cases? Mass. Trial Court.
“Civil cases are generally non-criminal cases concerning the claim of one private individual or entity (such as a corporation) against another private individual or entity or the state to protect a private civil right or to compel a civil remedy, such as the payment of money damages. Examples of civil cases include personal injury cases, consumer protection cases, evictions, and abuse prevention orders.”
Glossary of court terms
Glossary of court terms
Court hearings and related functions carry specific vocabularies, which can be important to know when it comes to your court matters. Find definitions for court-related terms and phrases here, organized in alphabetical and numerical order. From the Mass. Trial Court's Handbook of Legal Terms for Judicial Branch Personnel, and adapted for the web by the Trial Court Law Libraries.
Court rules
Massachusetts Rules of Court
Contains links to the Rules of Civil Procedure, Rules of Criminal Procedure, Rules of Appellate Procedure, and to the rules, orders, and practices particular to each trial court department.
Massachusetts Guide to Evidence
“[T]he Guide organizes and states the law of evidence applied in proceedings in the courts of the Commonwealth, as set forth in the Federal and State Constitutions, General Laws, common law, and rules of court.”
Federal Rules of Court
A guide to the current rules of practice and procedure in the federal courts, and the federal local rules in the District of Massachusetts, the First Circuit, and the U.S. Bankruptcy Court in Massachusetts.
Jury instructions
Selected cases
Fitzpatrick v. Wendy's Old Fashioned Hamburgers of New York, Inc., 487 Mass. 507 (2021)
In a case of first impression, and after the court compared and contrasted motions for mistrials in criminal and civil cases, the court held that “[h]enceforth, in civil cases, judges may not reserve a motion for a mistrial until after the jury return their verdict. Rather, the trial judge must rule on a motion for a mistrial when it is made.”
New England Auto Max, Inc. v. Hanley, 494 Mass. 87 (2024)
In evaluating whether there is a reasonable likelihood that recovery by the plaintiff will exceed the District Court’s threshold amount of $50,000 under G. L. c. 218, § 19A, a judge must consider the nature of the action itself – the complaint. It is an error of law for the judge to limit their consideration only to the statement of damages.
Roch v. Mollica, 481 Mass. 164 (2018)
The court declined to repeal the common law rule of transient jurisdiction, which holds that "Massachusetts courts have personal jurisdiction over nonresident individuals who are served with process while intentionally, knowingly, and voluntarily in Massachusetts."
Shaw's Supermarkets, Inc. v. Melendez, 488 Mass. 338 (2021)
The SJC held that its COVID-19 Order tolling all statutes of limitations from March 17, 2020 through June 30, 2020 applies to all cases, not just those cases where the statute of limitations would have expired during the tolling period.
Forms
Court forms for civil matters
A collection of court forms related to civil matters in each of the trial court departments.
Drafting a complaint in Massachusetts
Provides information on how to draft your own complaint.
Web sources
About service of process, Mass. Secretary of State.
Describes how to serve foreign corporations: “M.G.L. Chapter 156D, s. 15.10 requires a sheriff or other authorized process server to serve the corporation’s resident agent. If the resident agent cannot be found or the corporation is not registered with the Corporations Division, the Secretary of the Commonwealth shall serve as agent for service of process.”
Featured practice tips from the Superior Court bench, MCLE.
A series of short video briefings offering practical advice from more than 80 active and alumni members of the Massachusetts Superior Court.
Filing a civil case, Mass. Legal Help, 2025.
Provides an overview of the court process with specifics on taking your landlord to court.
How to sue someone in the digital age when you don't know where they live, Alan Pransky, 2015.
Provides helpful information on how to locate and serve a person when you don't know where they live.
I’ve been served with a complaint, what do I do?, Mass. Trial Court Law Libraries.
Motion to remove default in a debt collection suit, Mass. Legal Help, 2014.
A motion to remove default is the way you ask a court to take away the judgment they made against you for failure to appear. It gives you the chance to tell your side of the story. Includes instructions, example, and sample form.
Overview of the Probate and Family Court, Mass. Legal Services, 2018.
Describes how the system works; sources of law; income, accessibility, and language issues; pleading and pretrial preparations; and selected evidentiary issues. Includes sample forms.
Removing a default: Representing yourself in an eviction, Mass. Legal Help, 2025.
Explains what to do when the court decides your landlord wins the case because you didn’t show up for your court date. Includes instructions and sample forms.
Representing yourself in a civil case: Things to consider when going to court, Mass. Trial Court.
This book is for people who are considering representing themselves in a civil case in a Massachusetts trial court. It is intended to provide an overview of the court process in a civil case, answer frequently asked questions, and direct you to resources.
Service of process in the courts, Mass. Court System.
“Service of Process” is the way you deliver court papers to the person required to respond to them. This person is called the “defendant.” You must tell the defendant, in writing: there is a case, what the case is about, what the defendant must do, if there is a court hearing, and when and where to come to court. Provides information and links on how to serve papers in the various Massachusetts court departments, and how to serve papers in special circumstances.
A simple guide to filing a civil action in the United States District Court for the District of Massachusetts, U.S. District Court, Mass.
Includes an explanation of the terminology and chronology of a civil suit, as well as procedural directions and forms that can be filled out online and printed.
Top ten tips when moving for or opposing summary judgment, by Robert B. Gordon, Justice of the Superior Court.
"[T]en things worth keeping in mind when either seeking or contesting summary judgment in Superior Court."
Print sources
Civil practice, 4th ed. (Mass. Practice v. 9-9A), Thomson/West, 2023- with supplement.
Chapter 28: Civil motion practice in Massachusetts. Describes the motion practice in each of the trial court departments and the appellate courts.
Federal civil litigation in the First Circuit, 3rd ed., MCLE, 2017 with supplement.
Federal civil practice, 2nd ed. (Mass. Practice v. 46), Thomson/West, 2008 with supplement.
Handbook of civil procedure in the Massachusetts District Court by Mark Perlin, 5th ed., Lawyers Weekly, 2018 with supplement.
LexisNexis practice guide: Massachusetts civil pretrial practice, LexisNexis, annual editions. (eBook available with library card)
Massachusetts District Court civil practice manual, 3rd ed., MCLE New England, 2022.
Massachusetts litigation forms and analysis by Anthony M. Doniger, Thomson/West, 2003 with supplement
Explains the procedural law and provides numerous samples.
Massachusetts pleading and practice by Edward M. Swartz, Lexis Nexis, 1974 with supplements. (eBook available with library card)
Provides sample forms for each of the Massachusetts Rules of Civil Procedure.
Massachusetts Superior Court civil practice manual, 6th ed., MCLE, 2023.
Procedural forms annotated, 6th ed., (Mass. Practice v. 10-10C), West, 2009 with supplement.
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| Last updated: | June 17, 2025 |
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