How can a party be added or removed from a lawsuit?

In Massachusetts, parties can be added or removed from a lawsuit through the process of amending pleadings. If a plaintiff (the person bringing the suit) wishes to add or remove a party, they can do so by filing a motion to amend the complaint. The court will then review the motion and decide whether it is appropriate to grant or deny the motion. In some instances, such as if a party has been misnamed, adding or removing a party from a lawsuit may be done without a motion being filed by the plaintiff. This is most commonly done before the parties have reached a settlement or when the name of a party was incorrectly listed in the original complaint. The process of amending pleadings can also be used to add or remove a party from a lawsuit after it has already been filed. The plaintiff should still file a motion to amend the pleadings and include a brief explanation as to why the plaintiff believes the addition or removal of the party is necessary. The court will then review the motion and decide whether it is appropriate to grant or deny the motion. Additionally, if a party is found to be a necessary party to a lawsuit, the court has the power to add them without the plaintiff’s consent. The court will issue an order in which they add the necessary party to the lawsuit and notify them of their inclusion. Parties can also be removed from a lawsuit if the court finds that they are not a necessary party to the dispute. Overall, parties can be added or removed from a lawsuit in Massachusetts with the process of amending pleadings. The plaintiff may file a motion and the court will review it to decide whether or not the party should be added or removed. In some cases, the court may also add a necessary party without the plaintiff’s consent or remove an unnecessary party from the lawsuit.

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