Small Claims Standards: 4:02 When notice to issue

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 court should issue notice of a claim to the parties within five court days of the filing of the claim.

Commentary

Pursuant to Uniform Small Claims Rule 2, a claim is commenced upon filing. The clerkmagistrate’s office should issue notice to the defendant within five court days after receipt of the claim. Inordinate delay in issuing notice may hinder the defendant’s ability to prepare adequately for trial and may not allow sufficient time for undeliverable notices to be returned by the postal service.

Prompt issuance of notice reflects the court's regard for the defendant's due process rights and demonstrates to both parties that the administration of justice is operating efficiently. See Uniform Small Claims Rule 3(a).