Guideline 1:03
The provisions of the Massachusetts Rules of Civil Procedure may be applied to c. 258E proceedings.
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 harassment prevention orders.
Commentary
While G.L. c. 258E sets out procedural requirements that must be followed, there are no formal procedural Trial Court rules that specifically govern c. 258E proceedings. The Rules of Civil Procedure may be applied where the provisions of c. 258E leave a procedural question unanswered.
Discovery is not mentioned in c. 258E 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, and should not cause a lengthy delay in the proceedings. 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 these cases and, when warranted, the issuance of harassment prevention orders.
Contact
Phone
Address
| Last updated: | October 20, 2025 |
|---|