Small Claims Standards: 6:01 Dismissals

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).

If the plaintiff fails to appear at the calling of the list, the court should dismiss the claim.

Commentary

If the plaintiff does not appear at the calling of the list, the court should dismiss the claim. Uniform Small Claims Rule 7 (c). If the defendant has appeared, the docket should reflect this fact.

If the plaintiff telephones the court in advance of the trial date to inquire whether the defendant has answered, the plaintiff should be informed that he or she must appear on the scheduled trial date even if the defendant has not filed an answer.

Whenever the court dismisses a small claim, it should utilize the Notice of Judgment form to give notice of the dismissal to both parties.

See Standard 7:06 when a plaintiff wishes to reactivate a claim that has been dismissed for failure to appear.