Guideline 2:04
Plaintiffs should file a signed, sworn statement (“affidavit”) describing the factual basis of the complaint. If the plaintiff is limited- or non-English-speaking, see Guideline 1:06 Limited and Non-English-Speaking Parties in c. 258E Actions.
Plaintiffs should be encouraged to provide as much information as possible about the allegations of harassment, including specific information about the most recent incident of harassment and the most serious incident, even if that incident occurred some time ago. The plaintiff should be informed that the defendant will have access to the affidavit.
Commentary
The advantage of obtaining a signed statement, or affidavit, is that factual allegations are then preserved in the case file. This can also obviate the need for the judge to question the plaintiff extensively when the matter comes before the court at the ex parte hearing, saving time and embarrassment. However, the plaintiff’s failure or inability to complete such a statement cannot be grounds for denial of the right to file a complaint and obtain a hearing. See Guideline 2:05 Processing the Complaint.
When a plaintiff cannot complete an affidavit, due to limited proficiency in English, inability to read or write, or other language difficulties, an advocate or interpreter may assist the plaintiff by transcribing the plaintiff’s statement in the affidavit. The plaintiff is to complete the affidavit in the plaintiff’s native language, and the interpreter is to translate the statement in writing for the court. See Guideline 1:06 Limited and Non-English-Speaking Parties in c. 258E Actions.
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| Last updated: | October 20, 2025 |
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