A motion to dismiss for failure to state a claim tests the legal sufficiency of the complaint, assuming the truth of the facts alleged.
A subpoena duces tecum is used to compel a non-party to produce documents or evidence during the discovery phase of litigation.
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.
The Massachusetts Superior Court has original jurisdiction over most civil cases, particularly those involving larger sums of money or more serious issues.
A pretrial conference is used to streamline the issues, discuss settlement, set a trial date, and make other pretrial arrangements.