USA Massachusetts

USA Statutes : massachusetts
Title : PART III. COURTS, JUDICIAL OFFICERS AND PROCEEDINGS IN CIVIL CASES
Chapter : TITLE V. STATUTES OF FRAUDS AND LIMITATIONS
Section 1. No action shall be brought:First, To charge an executor or administrator, or an assignee under an insolvent law of the commonwealth, upon a special promise to answer damages out of his own estate;Second, To charge a person upon a special promise to answer for the debt, default or misdoings of another;Third, Upon an agreement made upon consideration of marriage;Fourth, Upon a contract for the sale of lands, tenements or hereditaments or of any interest in or concerning them; or,Fifth, Upon an agreement that is not to be performed within one year from the making thereof;Unless the promise, contract or agreement upon which such action is brought, or some memorandum or note thereof, is in writing and signed by the party to be charged therewith or by some person thereunto by him lawfully authorized.
Section 2. The consideration of such promise, contract or agreement need not be set forth or expressed in the writing signed by the party to be charged therewith, but may be proved by any legal evidence.
writing Section 3. No promise for the payment of a debt, made by an insolvent debtor who has obtained his discharge from such debt under proceedings in bankruptcy or insolvency, shall be evidence of a new or continuing contract whereby to deprive the debtor of the benefit of relying upon such discharge in bar of the recovery of a judgment upon such debt, unless such promise is made by or contained in some writing signed by him, or by some person thereunto by him lawfully authorized.
necessity of writing Section 4. No action shall be brought to charge a person upon or by reason of a representation or assurance made concerning the character, conduct, credit, ability, trade or dealings of any other person, unless such representation or assurance is made in writing and signed by the party to be charged thereby, or by some person thereunto by him lawfully authorized.
Section 5. No agreement to make a will of real or personal property or to give a legacy or make a devise shall be binding unless such agreement is in writing signed by the person whose executor or administrator is sought to be charged, or by some person by him duly authorized. This section shall not apply to any agreement made prior to May seventeenth, eighteen hundred and eighty-eight or after September thirtieth, nineteen hundred and sixty-five.
writing Section 5A. No agreement to make a will of real or personal property or codicil thereto or to make a bequest or devise, or to revoke or not to revoke a will, codicil, bequest or devise, or to refrain from making a will, codicil, bequest or devise or any other agreement relative to making or not making a will, codicil, bequest or devise, shall be binding unless such agreement is in writing and signed by the person whose executor or administrator is sought to be charged, or by some person duly authorized thereunto by him in writing. This section shall not apply to any agreement made prior to October first, nineteen hundred and sixty-five.
broker or finder; necessity of writing Section 7. Any agreement to pay compensation for service as a broker or finder or for service rendered in negotiating a loan or in negotiating the purchase, sale or exchange of a business, its good will, inventory, fixtures, or an interest therein, including a majority of voting interest in a corporation, shall be void and unenforceable unless such agreement is in writing, signed by the party to be charged therewith, or by some other person authorized. For the purpose of this section, the term “negotiating” shall include identifying prospective parties, providing information concerning prospective parties, procuring an introduction to a party to the transaction or assisting in the negotiation or consummation of the transaction. The provisions of this section shall apply to a contract implied in fact or in law to pay reasonable compensation but shall not apply to a contract to pay compensation for professional services of an attorney-at-law or a licensed real estate broker or real estate salesman acting in their professional capacity.
Chapter 260: Section 1. Actions requiring commencement within twenty years Section 1. The following actions shall be commenced only within twenty years next after the cause of action accrues:First, Actions upon contracts under seal.
Second, Actions upon bills, notes or other evidences of indebtedness issued by a bank.
Third, Actions upon promissory notes signed in the presence of an attesting witness, if brought by the original payee or by his executor or administrator.
Fourth, Actions upon contracts not limited by the following section or by any other law.
Fifth, Actions under section thirty-two of chapter one hundred and twenty-three to recover for the support of inmates in state institutions.
Chapter 260: Section 10. Death of party; effect Section 10. If a person entitled to bring or liable to any action before mentioned dies before the expiration of the time hereinbefore limited, or within thirty days after the expiration of said time, and the cause of action by law survives, the action may be commenced by the executor or administrator at any time within the period within which the deceased might have brought the action or within two years after his giving bond for the discharge of his trust and against the executor or administrator in accordance with the limitations provided by chapter one hundred and ninety-seven, relative to the limitation of actions against the executor or administrator by creditors of the deceased. If a person, liable to an action for death the payment of the judgment in which is required to be secured by chapter ninety, dies before the expiration of the time limited in section four, or within thirty days after the expiration of said time, the action may be commenced against the executor or administrator subject to the pertinent limitations in chapter one hundred and ninety-seven, relative to the limitation of actions against the executor or administrator by creditors of the deceased.
Notwithstanding the provisions of the preceding paragraph, any action pursuant to this section may be commenced by the executor or administrator within three years from the date when the executor or administrator knew, or in the exercise of reasonable diligence, should have known of the factual basis for a cause of action.
Chapter 260: Section 11. Contracts or acts of fiduciaries Section 11. An action founded on any contract made or act done, if made or done by any person acting as the executor, administrator or other legal representative of the estate of a deceased person, shall be brought within one year, or, if made or done by any person acting as trustee, guardian or conservator, shall be brought within two years, after the right of action accrues; provided, that this section shall not apply to actions upon probate bonds, or to actions in favor of the estate of which such person shall have been such legal representative, or to actions in favor of a beneficiary or ward, or to actions brought by the commonwealth.
Chapter 260: Section 12. Fraudulent concealment; commencement of limitations Section 12. If a person liable to a personal action fraudulently conceals the cause of such action from the knowledge of the person entitled to bring it, the period prior to the discovery of his cause of action by the person so entitled shall be excluded in determining the time limited for the commencement of the action.
Chapter 260: Section 13. Acknowledgment or new promise; effect Section 13. No acknowledgment or promise shall be evidence of a new or continuing contract whereby to take an action of contract out of the operation of this chapter or to deprive a party of the benefit thereof, unless such acknowledgment or promise has been made by, or is contained in, a writing signed by the party chargeable thereby.
Chapter 260: Section 14. Part payment; effect Section 14. The preceding section shall not alter or impair the effect of a payment of principal or interest made by any person; but no endorsement or memorandum of any such payment, written or made upon a promissory note, bill of exchange or other writing by or on behalf of the party to whom such payment has been or purports to have been made, shall be sufficient proof of the payment to take the case out of the provisions of this chapter.
Chapter 260: Section 15. Acknowledgment or new promise by joint contractor; effect Section 15. A joint contractor or his executor or administrator shall not lose the benefit of this chapter so as to be chargeable by reason only of an acknowledgment or promise made or signed, or by reason of a payment made, by any other joint contractor or his executor or administrator.
Chapter 260: Section 16. Acknowledgment or new promise by joint contractor; judgment Section 16. If, in actions against two or more joint contractors or against the executor or administrator of a joint contractor, it appears that the plaintiff is barred by this chapter as to one or more of such contractors, but is entitled to recover against any other or others of them by virtue of a new acknowledgment or promise or otherwise, judgment shall be given for the plaintiff as to the defendants against whom he is entitled to recover, and for the defendants not liable.
Chapter 260: Section 17. Action not to be dismissed for failure to join barred party defendant Section 17. A civil action shall not be dismissed for failure to join a party defendant if it is established by affidavit or otherwise that the action against such party was barred by limitation.
Chapter 260: Section 18. Actions by state; laws applicable Section 18. The limitations of the preceding sections of this chapter, and of section thirty-two so far as applicable to personal actions, shall apply to actions brought by or for the commonwealth.
Chapter 260: Section 19. Special limitations Section 19. If a special provision is otherwise made relative to the limitation of any action, any provision of this chapter inconsistent therewith shall not apply.
Chapter 260: Section 19A. Currency; euro as commercially reasonable substitute and substantial equivalent Section 19A. (a) As used in this section the following words shall, unless the context clearly requires otherwise, have the following meanings:“Euro”, the currency of participating member states of the European Union that adopt a single currency in accordance with the Treaty on European Union of February 7, 1992.
“Introduction of the euro”, the implementation from time to time of economic and monetary union in member states of the European Union pursuant to the Treaty on European Union of February 7, 1992.
“ECU” or “European currency unit”, the currency basket that is from time to time used as the unit of account of the European Community as defined in European Council Regulation (EC) No. 33 20/94.
(b) If a subject or medium of payment of a contract, security, or instrument is a currency that has been substituted or replaced by the euro, the euro shall be a commercially reasonable substitute and substantial equivalent that may be either (1) used in determining the value of that currency or (2) tendered, in each case at the conversion rate specified in, and otherwise calculated in accordance with, the regulations adopted by the Council of the European Union.
(c) If a subject or medium of payment of a contract, security, or instrument is the ECU, the euro shall be a commercially reasonable substitute and substantial equivalent that may be either (1) used in determining the value of the ECU or (2) tendered, in each case at the conversion rate specified in, and otherwise calculated in accordance with, the regulations adopted by the Council.
(d) Performance of any of the obligations described in subsections (b) or (c) may be made in a currency designated in the contract, security, or instrument, or in the euro, but not in any other currency, whether or not the other currency (1) has been substituted or replaced by the euro or (2) is a currency that is considered a denomination of the euro and has a fixed conversion rate with respect to the euro.
(e) Substituted currency shall not change contract requirements. The following shall not have the effect of discharging or excusing performance under any contract, security, or instrument, or give a party the right unilaterally to alter or terminate any contract, security, or instrument:(1) the introduction of the euro;(2) tendering euros in connection with any obligation in compliance with subsection (b) or (c);(3) determining the value of any obligation in compliance with subsection (b) or (c); and(4) calculating or determining the subject or medium of payment of a contract, security, or instrument with reference to a substituted or replaced interest rate or other basis that is deemed a commercially reasonable substitute and substantial equivalent according to the terms of this section.
(f) The provisions of this section shall govern all contracts, securities and instruments, whenever executed and shall not alter or impair and shall be subject to any agreements between parties with specific reference to or agreement regarding the introduction of the euro.
(g) When the euro first becomes the monetary unit of participating member states of the European Union, a reference to the ECU in a contract, security, or instrument that also refers to the definition of the ECU in subsection (a) shall be replaced with a reference to the euro at a rate of one euro to one ECU. A reference to ECU in a contract, security, or instrument without defining ECU shall carry a presumption, rebuttable by a showing of the contrary intention of the parties, that it is a reference to the currency basket that is from time to time used as the unit of account of the European Community.
(h) In circumstances of currency alteration other than the introduction of the euro, this section shall not be interpreted as creating any negative inference or negative presumption regarding the validity or enforceability of contracts, securities, or instruments denominated in whole or in part in a currency affected by such alteration.
(i) Notwithstanding the provisions of chapter 106 of the General Laws or any other general or special law to the contrary, this section shall apply to all contracts, securities, and instruments, including contracts with respect to commercial transactions.
Chapter 260: Section 2. Contract actions; actions upon judgments or decrees of courts of record Section 2. Actions of contract, other than those to recover for personal injuries, founded upon contracts or liabilities, express or implied, except actions limited by section one or actions upon judgments or decrees of courts of record of the United States or of this or of any other state of the United States, shall, except as otherwise provided, be commenced only within six years next after the cause of action accrues.
Chapter 260: Section 20. Presumption of satisfaction of judgment Section 20. A judgment or decree of a court of record of the United States or of any state thereof shall be presumed to be paid and satisfied at the expiration of twenty years after it was rendered.
Chapter 260: Section 21. Recovery of land Section 21. An action for the recovery of land shall be commenced, or an entry made thereon, only within twenty years after the right of action or of entry first accrued, or within twenty years after the demandant or the person making the entry, or those under whom they claim, have been seized or possessed of the premises; provided, however, that this section shall not bar an action by or on behalf of a nonprofit land conservation corporation or trust for the recovery of land or interests in land held for conservation, parks, recreation, water protection or wildlife protection purposes.
Chapter 260: Section 22. Accrual of right or title to land; limitation Section 22. If such right or title first accrued to an ancestor or predecessor of the person who brings the action or makes the entry, or to any other person under whom he claims, the twenty years shall be computed from the time when the right or title so first accrued.
Chapter 260: Section 23 to 27. Repealed, 1979, 402, Sec. 3 Chapter 260: Section 28. Possession of land; requisites Section 28. No person shall be held to have been in possession of land within the meaning of this chapter merely by reason of having made an entry thereon, unless he has continued in open and peaceable possession thereof for one year next after such entry or unless an action has been commenced upon such entry and seisin within one year after he was ousted or dispossessed.
Chapter 260: Section 29. Estates tail; barring remainders and reversions Section 29. If the right of entry or of action of a tenant in tail, or of a person entitled to a remainder in tail, is barred by this chapter, the estate tail and all remainders and reversions expectant thereon shall also be barred, as fully as they might have been by a conveyance made by the tenant in tail in the manner provided in chapter one hundred and eighty-three.
Chapter 260: Section 2A. Tort, contract to recover for personal injuries, and replevin actions Section 2A. Except as otherwise provided, actions of tort, actions of contract to recover for personal injuries, and actions of replevin, shall be commenced only within three years next after the cause of action accrues.
Chapter 260: Section 2B. Tort actions arising from improvements to real property Section 2B. Action of tort for damages arising out of any deficiency or neglect in the design, planning, construction or general administration of an improvement to real property, other than that of a public agency as defined in section thirty-nine A of chapter seven shall be commenced only within three years next after the cause of action accrues; provided, however, that in no event shall such actions be commenced more than six years after the earlier of the dates of: (1) the opening of the improvement to use; or (2) substantial completion of the improvement and the taking of possession for occupancy by the owner.
Actions of tort for damages arising out of any deficiency or neglect in the design, planning, construction, or general administration of an improvement to real property of a public agency, as defined in said section thirty-nine A shall be commenced only within three years next after the cause of action accrues; provided, however, that in no event shall actions be commenced more than six years after the earlier of the dates of: (1) official acceptance of the project by the public agency; (2) the opening of the real property to public use; (3) the acceptance by the contractor of a final estimate prepared by the public agency pursuant to chapter thirty, section thirty-nine G; or (4) substantial completion of the work and the taking possession for occupancy by the awarding authority.
Chapter 260: Section 2C. Actions for damages, etc. for physical alteration or destruction of fine art Section 2C. Actions commenced under the provisions of section eighty-five S of chapter two hundred and thirty-one shall be commenced only within two years next after the cause of action accrues, or within one year next after the discovery of the act, whichever is later.
Chapter 260: Section 2D. Actions to recover costs of asbestos related corrective actions Section 2D. Any action brought by or on behalf of any county, city, town, regional school district, housing authority or the commonwealth or any other political subdivision thereof to recover any costs associated with asbestos related corrective actions including, but not limited to, the removal and replacement of asbestos and materials containing asbestos shall be commenced only within six years next after such county, city, town, regional school district, housing authority or the commonwealth or any other political subdivision thereof knew of the presence of and the hazard or damage caused by the presence of such asbestos or material containing asbestos within its buildings.
Chapter 260: Section 2E. Actions against the Dalkon Shield Claimants Trust Section 2E. Notwithstanding the provisions of section two A, every cause of action for personal injury or death caused by the effects of the Dalkon Shield intrauterine device, so called, shall be brought against the Dalkon Shield Claimants Trust not later than one year from the date of the certification by the United States District Court for the Eastern District of Virginia of the right to proceed to litigation or arbitration, or six months from the effective date of this section, whichever is later. This section shall apply regardless of when any such action or claim shall have accrued or been filed, and regardless of whether it may have lapsed or otherwise be barred by time under the law of the commonwealth.
Chapter 260: Section 3. Misconduct or negligence of deputies; actions against sheriffs Section 3. Actions against sheriffs for the misconduct or negligence of their deputies shall be commenced only within four years next after the cause of action accrues.
Chapter 260: Section 30. Estates tail; death of tenant; effect Section 30. If a person entitled to recover land as a tenant in tail or as a remainderman dies before the expiration of the period hereinbefore limited for making an entry or commencing an action therefor, no person claiming any estate which the tenant in tail or remainderman might have barred shall make an entry or commence an action to recover such land, except within the period during which the tenant in tail or remainderman, if he had so long lived, might have made such entry or commenced such action.
Chapter 260: Section 31. Actions by commonwealth Section 31. No action for the recovery of land shall be commenced by or in behalf of the commonwealth, except within twenty years after its right or title thereto first accrued, or within twenty years after it or those under whom it claims have been seized or possessed of the premises; but this section shall not apply to the province lands in the town of Provincetown lying north and west of the line fixed by section twenty-five of chapter ninety-one, to the Back Bay lands, so called, in Boston, or to any property, right, title or interest of the commonwealth below high water mark or in the great ponds; provided, further, that this section shall not bar any action by or on behalf of the commonwealth, or any political subdivision thereof, for the recovery of land or interests in land held for conservation, open space, parks, recreation, water protection, wildlife protection or other public purpose.
Chapter 260: Section 31A. Right of entry for condition broken or possibility of reverter; procedure Section 31A. No proceeding based upon any right of entry for condition broken or possibility of reverter, to which a fee simple or fee simple determinable in land is subject, created before the second day of January, nineteen hundred and fifty-five, shall be maintained in any court after the first day of January, nineteen hundred and sixty-four, unless on or before the first day of January, nineteen hundred and sixty-four, (a) the condition has been broken or the reverter has occurred, and a person or persons having the right of entry or reverter shall have taken possession of the land, and in case of entry made after January first, nineteen hundred and fifty-seven, shall have filed a certificate of entry pursuant to section nineteen of chapter one hundred and eighty-four, or (b) a person or persons having the right of entry, or who would have it if the condition were broken, or would be entitled if the reverter occurred, or one of them if there be more than one, shall by himself, or by his attorney, agent, guardian, conservator or parent, have filed in the registry of deeds, or in the case of registered land, in the registry of the land court, for the district in which the land is situated, a statement in writing, duly sworn to, describing the land and the nature of the right and the deed or other instrument creating it, and where it may be found if recorded or registered, and, in case of registered land, naming the holder or holders of the outstanding certificate of title and stating the number of said certificate, and, in case of land not registered, naming the person or persons appearing of record to own the fee subject to such right or possibility, or shown by the records of the tax assessors at the last prior assessment date to be the owner or owners thereof.
Such statement shall be received and recorded or registered upon payment of the fee required by law, and shall be indexed in the grantor index under the person or persons so named, and in case of registered land, noted on the certificate of title. The register and assistant recorder shall also keep a separate list of such statements.
This section shall apply to all such rights whether or not the owner thereof is a corporation or a charity or a government or governmental subdivision other than the commonwealth, or is under any disability or out of the commonwealth, and it shall apply notwithstanding any recitals in deeds or other instruments heretofore or hereafter recorded, unless a statement is filed as above provided. Nothing in this section shall be construed to extend the period of any other applicable statute of limitations or to authorize the bringing of any proceeding to enforce any right which has been or may be barred by lapse of time or for any other reason.
Chapter 260: Section 32. Dismissal of action or reversal or vacation of judgment; commencement of new action Section 32. If an action duly commenced within the time limited in this chapter is dismissed for insufficient service of process by reason of an unavoidable accident or of a default or neglect of the officer to whom such process is committed or is dismissed because of the death of a party or for any matter of form, or if, after judgment for the plaintiff, the judgment of any court is vacated or reversed, the plaintiff or any person claiming under him may commence a new action for the same cause within one year after the dismissal or other determination of the original action, or after the reversal of the judgment; and if the cause of action by law survives the executor or administrator or the heir or devisee of the plaintiff may commence such new action within said year.
Chapter 260: Section 33. Obsolete mortgages Section 33. No power of sale in any mortgage of real estate shall be exercised and no entry shall be made nor possession taken nor proceeding begun for foreclosure of any such mortgage after the expiration of a period which shall be fifty years from the recording of the mortgage in case of mortgages recorded on or after January first, nineteen hundred and thirteen, and which shall be from the recording of the mortgage until January first, nineteen hundred and sixty-three, in case of mortgages recorded before January first, nineteen hundred and thirteen, unless in either case an extension of the mortgage, or an acknowledgment or affidavit that the mortgage is not satisfied, is recorded within the last ten years of such period. In case an extension of the mortgage or such an acknowledgment or affidavit is so recorded, the period shall continue until ten years shall have elapsed during which there is not recorded any further extension of the mortgage or acknowledgment or affidavit that the mortgage is not satisfied. The period shall not be extended by reason of a longer duration of the debt or obligation secured being stated in the mortgage or in any extension of the mortgage, or otherwise, or by non-residence or disability of any person interested in the mortgage or the real estate, or by any partial payment, agreement, extension, acknowledgment, affidavit or other action not meeting the requirements of this section and sections thirty-four and thirty-five.
Chapter 260: Section 34. Extension of mortgage; acknowledgment that mortgage not satisfied, etc. Section 34. No extension of the mortgage, and no acknowledgment that the mortgage is not satisfied, whether contained in a conveyance or in a separate instrument, shall be sufficient to extend the period specified in section thirty-three unless it is executed by one or more of the person or persons then appearing of record to own the real estate then subject to the mortgage, and describes the mortgage sufficiently to identify the record of it, and states that the property is subject to the mortgage or that the mortgage is not satisfied. No affidavit that the mortgage is not satisfied shall be sufficient to extend the period unless it is executed by the holder of the mortgage, describes the mortgage sufficiently to identify the record thereof, names one or more of the person or persons then appearing of record to own the real estate then subject to the mortgage, and states that the mortgage remains unsatisfied, and if the mortgage secures a promissory note or sum of money, the amount believed to remain unpaid. The holders of mortgages or other encumbrances shall not be considered owners. The register of deeds upon payment of the fee required by law shall record any such affidavit and any such acknowledgment contained in a separate instrument, and enter upon the margin of the record of the mortgage a note of reference to the record of the affidavit or acknowledgment and index it in the grantor index under the names of the owner or owners named in the affidavit or executing the acknowledgment.
Chapter 260: Section 35. Mortgage defined; commencement of proceedings, prerequisites; application of Secs. 33 to 35 Section 35. For the purposes of this section and sections thirty-three and thirty-four, the term “mortgage” includes any deed of trust or other conveyance made for the purpose of securing performance of a debt or obligation, and no proceeding shall be considered begun until a memorandum as required by section fifteen of chapter one hundred and eighty-four has been recorded in the registry of deeds for the county or recording district in which the real estate is situated. When any mortgage includes parcels in different ownerships at the time of recording of an extension, acknowledgment or affidavit the recording shall be sufficient only for the parcels which the owner or owners executing the extension or acknowledgment or named in the affidavit then appear of record to own. When the real estate is situated in more than one county or district, recording in any county or district shall be sufficient only for the real estate there situated. The provisions of this section and sections thirty-three and thirty-four shall not apply in case of real estate registered by the land court, nor revive, preserve or extend any mortgage otherwise ineffective, nor affect enforcement of the debt or obligation otherwise than against the real estate mortgaged.
Chapter 260: Section 36. Application; computation Section 36. The provisions of law relative to limitations of actions shall apply to a counterclaim by the defendant. The time of such limitation shall be computed as if an action had been commenced therefor at the time the plaintiff’s action was commenced.
Notwithstanding the provisions of the first paragraph of this section, a counterclaim arising out of the same transaction or occurrence that is the subject matter of the plaintiff’s claim, to the extent of the plaintiff’s claim, may be asserted without regard to the provisions of law relative to limitations of actions.
This section shall apply to actions brought by the commonwealth or for its benefit.
Chapter 260: Section 3A. Claims against commonwealth Section 3A. Petitions founded upon claims against the commonwealth prosecuted under chapter two hundred and fifty-eight shall be brought only within three years next after the cause of action accrues.
Chapter 260: Section 4. Certain tort or contract actions for malpractice, error or mistake Section 4. Actions of contract or tort for malpractice, error or mistake against attorneys, certified public accountants and public accountants, actions for assault and battery, false imprisonment, slander, libel, actions against sheriffs, deputy sheriffs, constables or assignees in insolvency for the taking or conversion of personal property, actions of tort for injuries to the person against counties, cities and towns, and actions of contract or tort for malpractice, error or mistake against hairdressers, operators and shops registered under sections eighty-seven T to eighty-seven JJ, inclusive of chapter one hundred and twelve, actions of tort for bodily injuries or for death the payment of judgments in which is required to be secured by chapter ninety and also actions of tort for bodily injuries or for death or for damage to property against officers and employees of the commonwealth, and of any county, city or town, arising out of the operation of motor or other vehicles owned by the commonwealth, including those under the control of said commission, or by any such county, city or town, suits by judgment creditors in such actions of tort under section one hundred and thirteen of chapter one hundred and seventy-five and clause (9) of section three of chapter two hundred and fourteen and suits on motor vehicle liability bonds under section thirty-four G of said chapter ninety shall be commenced only within three years next after the cause of action accrues.
Actions of contract or tort for malpractice, error or mistake against physicians, surgeons, dentists, optometrists, hospitals and sanitoria shall be commenced only within three years after the cause of action accrues, but in no event shall any such action be commenced more than seven years after occurrence of the act or omission which is the alleged cause of the injury upon which such action is based except where the action is based upon the leaving of a foreign object in the body.
For the purposes only of this section, an officer or soldier of the military forces of the commonwealth, as defined in chapter thirty-three, shall while performing any lawfully ordered military duty be deemed to be an officer or employee of the commonwealth.
Chapter 260: Section 4A. Back wages, actions to recover Section 4A. Actions to recover back wages based upon any judicial interpretation of a state or federal statute differing from or overruling a previous interpretation of the same shall be commenced only within one year next after the date of such new judicial interpretation.
Chapter 260: Section 4B. Hit and run accidents Section 4B. Actions of tort for bodily injuries or for death or for damages to property against the owner or operator of a motor vehicle, the operator of which failed to make himself or said owner known at the time of the accident or incident out of which such actions arise may, notwithstanding any provisions of law relating to limitations of actions, be commenced within six months after the plaintiff learns of the identity of the defendant; provided, that written notice of the time, place and facts of said accident or incident be given by the person injured or by someone in his behalf to the police and to the registrar of motor vehicles within thirty days after such accident.
No action shall be brought under this section after the expiration of three years from the date on which such accident or incident occurred.
Chapter 260: Section 4C. Sexual abuse of minors Section 4C. Actions for assault and battery alleging the defendant sexually abused a minor shall be commenced within three years of the acts alleged to have caused an injury or condition or within three years of the time the victim discovered or reasonably should have discovered that an emotional or psychological injury or condition was caused by said act, whichever period expires later; provided, however, that the time limit for commencement of an action under this section is tolled for a child until the child reaches eighteen years of age.
For purposes of this section, “sexual abuse” shall mean the commission of any act against a minor as set forth in section thirteen B, thirteen H, twenty-two, twenty-two A, twenty-three, twenty-four or twenty-four B of chapter two hundred and sixty-five or section two, three, four, four A, four B, seven, eight, thirteen, seventeen, twenty-nine A, thirty-four, thirty-five or thirty-five A of chapter two hundred and seventy-two.
Chapter 260: Section 5. Penalties and forfeitures Section 5. Actions for penalties or forfeitures under penal statutes, if brought by a person to whom the penalty or forfeiture is given in whole or in part, shall be commenced only within one year next after the offence is committed. But if the penalty or forfeiture is given in whole or in part to the commonwealth, an action therefor by or in behalf of the commonwealth may be commenced only within two years next after the offence is committed. This section shall not apply to any action set forth in section five A.
Chapter 260: Section 5A. Consumer protection actions Section 5A. Actions arising on account of violations of any law intended for the protection of consumers, including but not limited to the following: chapter seventy-five C; chapter seventy-five D; section seven N of chapter ninety; sections twenty-one, twenty-one D, twenty-eight, forty-eight, forty-nine, sixty-nine, and seventy of chapter ninety-three; chapter ninety-three A; sections forty-six A to forty-six R, inclusive, and sections ninety-six to one hundred and fourteen B, inclusive, of chapter one hundred and forty; chapter one hundred and forty D; section one hundred and twenty-seven A of chapter one hundred and sixty-four; chapter one hundred and seventy-six D; sections fourteen, fifteen B, fifteen C, and eighteen of chapter one hundred and eighty-six; sections thirteen I, thirteen J, and thirteen K of chapter two hundred and fifty-five; chapter two hundred and fifty-five B; chapter two hundred and fifty-five C; and chapter two hundred and fifty-five D; whether for damages, penalties or other relief and brought by any person, including the attorney general shall be commenced only within four years next after the cause of action accrues.
Chapter 260: Section 5B. Civil rights actions Section 5B. Actions arising on account of violations of any law intended for the protection of civil rights, including but not limited to actions alleging employment, housing and other discrimination on the basis of race, color, creed, national origin, sex, age, ancestry or handicap shall be commenced only within three years next after the cause of action accrues.
Chapter 260: Section 6. Mutual and open account current Section 6. In an action of contract brought to recover the balance due upon a mutual and open account current, the cause of action shall be held to have accrued at the time of the last item proved in the account.
Chapter 260: Section 7. Minors and incapacitated persons Section 7. If the person entitled thereto is a minor, or is incapacitated by reason of mental illness when a right to bring an action first accrues, the action may be commenced within the time hereinbefore limited after the disability is removed.
Chapter 260: Section 8. Citizens of enemy country; suspension of limitation Section 8. If a person is disabled from commencing an action because he is a subject or citizen of a country which is at war with the United States, the time of the continuance of such war after the cause of action accrues shall be excluded in determining the period herein limited for the commencement of the action.
Chapter 260: Section 9. Nonresident defendant; suspension of limitation Section 9. If, when a cause of action hereinbefore mentioned accrues against a person, he resides out of the commonwealth, the action may be commenced within the time herein limited after he comes into the commonwealth; and if, after a cause of action has accrued, the person against whom it has accrued resides out of the commonwealth, the time of such residence shall be excluded in determining the time limited for the commencement of the action; but no action shall be brought by any person upon a cause of action which was barred by the laws of any state or country while he resided therein.