Small Claims Standards: 4:00 Purpose of Notice of Trial

The Administrative Office of the Trial Court issues these Standards to assist judges, clerk-magistrates and other personnel of the District Court, Boston Municipal Court, and Housing Court Departments in implementing recently amended Trial Court Rule III, Uniform Small Claims Rules (effective January 1, 2002).

Notice of trial serves four main purposes:

1. To inform defendants that a claim has been made against them;
2. To explain to defendants what their rights and responsibilities are as they respond to the claim;
3. To warn defendants of the probable consequences should they fail to appear at the trial; and
4. To notify all parties of the date set for trial.

Commentary

The Notice of Trial is probably the defendant’s first contact with the court and the first indication that an action has been brought. The typical small claims defendant may not have any idea of what is involved in a court proceeding. The Notice of Trial tells the defendant the name of the plaintiff bringing the claim and describes the nature of the claim. It also briefly instructs the defendant as to what the small claims process is and states his or her obligation to appear at trial and his or her opportunity to make an answer to the claim.