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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Youghal, LLC v. Entwistle (2020)

Citation
Youghal, LLC v. Entwistle (2020)
Parent Document
Youghal, LLC v. Entwistle (2020)
Jurisdiction
Massachusetts (state)
Effective Date
2020-03-23

Full Text

720 chars
Rule 59 requires only that "a motion for a new trial [or to
alter or amend the judgment] shall be served not later than
[ten] days after the entry of judgment" (emphasis added). Mass.
R. Civ. P. 59 (b), (e). Nothing in the rule precludes a
litigant from filing its motion before judgment actually has
entered, and nothing in the rule renders such a motion
"untimely." See Reporters' Notes (1973) to Rule 59, Mass. Ann.
Laws Court Rules, Rules of Civil Procedure, at 1116 (LexisNexis
2015) ("The wording of 59 [b], however, allows a motion to be
made both before or after the entry of judgment"). Contrast
Mass. R. A. P. 4 (a) (notice of appeal filed before disposition
of enumerated timely-filed motions without effect).