Guideline 1:03
In the Boston Municipal Court, District Court, and Superior Court departments, the provisions of the Massachusetts Rules of Civil Procedure may be applied. In the Probate and Family Court Department, the Massachusetts Rules of Domestic Relations Procedure apply to c. 209A actions.
Discovery orders are within the court’s discretion and should be issued only after a hearing and only upon a showing that such discovery is necessary to provide specific information essential to the adjudication of the case or the issuance of particular abuse prevention orders.
Commentary
With the exception of the Probate and Family Court Department, where the Massachusetts Rules of Domestic Relations Procedure specifically apply to c. 209A actions, Mass. Dom. Rel. Pro. R. 1, none of the departments of the Trial Court with jurisdiction over c. 209A proceedings have formal procedural rules that specifically govern c. 209A proceedings. Chapter 209A sets out procedural requirements that must be followed. In addition, the Rules of Civil Procedure may be applied in the District Court, Boston Municipal Court, and Superior Court departments, where the provisions of c. 209A itself leave a procedural question unanswered.
Discovery is not mentioned in c. 209A and should be considered a matter of the court’s discretion, to be allowed only when determined by the court to be necessary for a particular purpose. Discovery should not be ordered if the information would be merely “interesting,” even if relevant. The test should be one of necessity. Generally, the testimony of the parties and any witnesses will provide an adequate basis for the adjudication of domestic abuse cases and, when warranted, the issuance of abuse prevention orders.
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| Last updated: | October 20, 2025 |
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