Small Claims Standards: 4:01 Form of notice

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).

The appropriate copies of the multi-part "Statement of small claim and notice of trial" form should be used to notify the defendant of the claim.

Commentary

The court gives notice to the defendant by mailing copies of the Statement of Small Claim and Notice of Trial form promulgated by the Chief Justice for Administration and Management. Uniform Small Claims Rule 3(a). Court personnel should encourage plaintiffs to state their claims as clearly and specifically as they can, since small claims defendants, unlike most other civil defendants, are usually not represented by counsel and have limited discovery mechanisms available should they need to clarify an issue prior to the date of the hearing.

Plaintiffs who are willing to submit their claim to mediation may indicate this on the face of the Statement of Small Claim and Notice of Trial form. No separate form of notice is required to comply with the Notice of Mediation provisions of G.L. c. 218, s.22 and Uniform Magistrate Rule 4(b). See Standards 6:04 and 6:05.