Small Claims Standards: 5:02 Discovery

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).

Discovery is not routinely available in a small claim.

Commentary

Discovery is not available in a small claim except by leave of court "for good cause shown." Uniform Small Claims Rule 5. The court may allow discovery if it would provide material assistance to the court in deciding the case. See G.L. c. 231, ss. 61-69. If the court permits discovery, it should closely monitor the process in order to prevent confusion or possible harassment of an unrepresented party.