Section 5B. Whenever, upon the trial of a civil action in the supreme judicial or superior court seeking the relief authorized by section five A, it shall be made to appear to the court that the legal representative of the deceased person within nine months of his appointment failed to notify in writing the plaintiff of such death and failed within said nine months duly to suggest such death in such action, such facts may be sufficient ground for granting the relief authorized by said section five A.
Structure Massachusetts General Laws
Part III - Courts, Judicial Officers and Proceedings in Civil Cases
Title II - Actions and Proceedings Therein
Chapter 228 - Survival of Actions and Death and Disabilities of Parties
Section 2 - Death of Party in Suit Against Officer
Section 3 - Judgment for or Against Executor or Administrator of Officer
Section 4 - Death of Sole Plaintiff or Defendant
Section 4a - Substitution of Executor or Administrator
Section 5 - Prosecution or Defense of Actions by Executor or Administrator; Citation
Section 6 - Nonsuit or Default
Section 7 - Death of Joint Plaintiff or Defendant
Section 8 - Prosecution by Devisee or Heir
Section 9 - Death of One of Several Plaintiffs
Section 10 - Prosecution by Survivor
Section 11 - Death of Defendant
Section 13 - Insanity of Party During Pendency of Action
Section 14 - Removal, Resignation or Death of Appointed Public Officer or Trustee