Davis, Malm & D'Agostine v. Lahnston
Massachusetts Appeals Court
1Opinion of the CourtAgnes, J.
Until 2008, Mass.R.Civ.P. 64A required a party in a civil case tried in the Boston Municipal Court and District Court departments, to file a special type of request for a ruling of law known as a “warrants” request in order to preserve for appellate review a challenge to the sufficiency of the evidence offered by the party with the burden of proof.1 These were *255requests that the evidence “warrants a finding for the requesting party” or “does not warrant a finding for the opposing party.”2 Under current practice, the sufficiency of the evidence in a jury-waived trial conducted in the Boston…
2Cases cited29 opinions
- Bresnick v. HeathMassachusetts Supreme Judicial Court · 1935
- John Hetherington & Sons, Ltd. v. William Firth Co.Massachusetts Supreme Judicial Court · 1911
- Perry v. HanoverMassachusetts Supreme Judicial Court · 1943
- Hoffman v. City of ChelseaMassachusetts Supreme Judicial Court · 1943
- Stella v. CurtisMassachusetts Supreme Judicial Court · 1965
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3Cited by2 opinions
- Commonwealth v. SzewczykMassachusetts Appeals Court · 2016
- New England Sports Therapy, Inc. v. Metlife Auto & HomeMassachusetts District Court, Appellate Division · 2013