Massachusetts Claimant's First Set of Requests for Production
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How to fill out Claimant's First Set Of Requests For Production?
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FAQ
If a defendant has filed an answer but fails to appear for trial, said defendant shall also be defaulted provided that the plaintiff appears. If the plaintiff also fails to appear, the case shall be dismissed seven days after the trial date unless either party requests a new trial date within the seven day period.
Rule 55(a) authorizes the entry of default when the opposing party has "failed to plead or otherwise defend".
In a summary process case, the landlord can sue the tenant for unpaid rent, even if the tenancy was ended for a reason other than not paying rent. The summons and complaint form includes a section for the landlord to specify the rent that's owed.
Rule 26(e)(1) requires supplementation of previously complete responses to discovery (either in a deposition or by interrogatories, or otherwise) in only certain limited respects: (a) the identity and location of persons having any knowledge of discoverable matters, provided the identity and location of such persons ...
"Parties may obtain discovery regarding any matter, not privileged, which is relevant to the subject matter involved in the pending action, whether it relates to the claim or defense of the party seeking discovery or to the claim or defense of any other party, including the existence, description, nature, custody, ...
Method of Service and Due Date of Responses Unless otherwise ordered by the court, responses to requests for production or inspection are due within thirty (30) days of service of the request. A defendant may serve a response within forty-five (45) days after service of the summons and complaint upon that defendant.
This rule establishes a limited right to discovery in summary process actions. In keeping with the need for expeditious procedure, an automatic postponement of the trial date for two weeks from the originally scheduled date results from the timely service and filing of a discovery demand.
Rule 7 reflects the belief that extensive and complex pleadings are not desirable as a vehicle for the narrowing of issues in a case and that this function can be better performed by discovery and the use of the pretrial conference.