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.
Structure Massachusetts General Laws
Part III - Courts, Judicial Officers and Proceedings in Civil Cases
Title V - Statutes of Frauds and Limitations
Chapter 260 - Limitation of Actions
Section 1 - Actions Requiring Commencement Within Twenty Years
Section 2 - Contract Actions; Actions Upon Judgments or Decrees of Courts of Record
Section 2a - Tort, Contract to Recover for Personal Injuries, and Replevin Actions
Section 2b - Tort Actions Arising From Improvements to Real Property
Section 2c - Actions for Damages, Etc. for Physical Alteration or Destruction of Fine Art
Section 2d - Actions to Recover Costs of Asbestos Related Corrective Actions
Section 2e - Actions Against the Dalkon Shield Claimants Trust
Section 3 - Misconduct or Negligence of Deputies; Actions Against Sheriffs
Section 3a - Claims Against Commonwealth
Section 4 - Certain Tort or Contract Actions for Malpractice, Error or Mistake
Section 4a - Back Wages, Actions to Recover
Section 4b - Hit and Run Accidents
Section 4c - Sexual Abuse of Minors
Section 5 - Penalties and Forfeitures
Section 5a - Consumer Protection Actions
Section 5b - Civil Rights Actions
Section 6 - Mutual and Open Account Current
Section 7 - Minors and Incapacitated Persons
Section 8 - Citizens of Enemy Country; Suspension of Limitation
Section 9 - Nonresident Defendant; Suspension of Limitation
Section 10 - Death of Party; Effect
Section 11 - Contracts or Acts of Fiduciaries
Section 12 - Fraudulent Concealment; Commencement of Limitations
Section 13 - Acknowledgment or New Promise; Effect
Section 14 - Part Payment; Effect
Section 15 - Acknowledgment or New Promise by Joint Contractor; Effect
Section 16 - Acknowledgment or New Promise by Joint Contractor; Judgment
Section 17 - Action Not to Be Dismissed for Failure to Join Barred Party Defendant
Section 18 - Actions by State; Laws Applicable
Section 19 - Special Limitations
Section 19a - Currency; Euro as Commercially Reasonable Substitute and Substantial Equivalent
Section 20 - Presumption of Satisfaction of Judgment
Section 22 - Accrual of Right or Title to Land; Limitation
Section 28 - Possession of Land; Requisites
Section 29 - Estates Tail; Barring Remainders and Reversions
Section 30 - Estates Tail; Death of Tenant; Effect
Section 31 - Actions by Commonwealth
Section 31a - Right of Entry for Condition Broken or Possibility of Reverter; Procedure
Section 32 - Dismissal of Action or Reversal or Vacation of Judgment; Commencement of New Action
Section 33 - Obsolete Mortgages
Section 34 - Extension of Mortgage; Acknowledgment That Mortgage Not Satisfied, Etc.