Small Claims Standards: 8:02 Conduct of the 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).

The court should conduct the trial consistent with standards 6:07 - 6:10 except for:

1. The prima facie effect of the judgment of the first trial;
2. The applicability of the provisions of law concerning jury trials in the superior court; and
3. A prohibition on counterclaims and third party claims being raised for the first time.

Commentary

Standards 6:07 - 6:10 apply to trials on appeal. Strict adherence to the rules of evidence in a jury trial or trial before a judge should not be required as it would be confusing and unfair to litigants to be governed by relaxed rules of evidence in the original trial and then later be subjected to strictly enforced evidentiary rules at the trial on appeal. Uniform Small Claims Rule 10(b). Pursuant to Uniform Small Claims Rule 7, which is applicable to appeals, "(t)he Court shall conduct the trial in such order and form and with such methods of proof as it deems best suited to discover the facts and do justice in the case." See Standard 6:10, which states that although the rules of evidence are relaxed, the court should not overlook its duty to assure the relevance and reliability of the evidence admitted.

The judge should advise the parties and at a jury trial instruct the jury that judgment was entered in the plaintiff’s favor in the original trial, and that the prima facie effect of such judgment will require a finding in favor of the plaintiff unless the defendant introduces some credible contradictory evidence during the trial. The judge should also make clear that the earlier judgment will be evidence for the plaintiff even when the defendant does introduce contradictory evidence.

In a jury trial, all of the provisions of law governing jury trials in Superior Court, such as required voir dire questions and the manner of taking a verdict, apply, except that peremptory challenges are limited to two for each side. G.L. c.218, s.23; Rule 10(b). Pretrial Superior Court procedures such as summary judgment should not be used in small claims cases. Uniform Small Claims Rule 1. See also Todino v. Arbella Mutual Ins. Co., 415 Mass. 298 (1993).

A counterclaim or third party claim may not be raised for the first time on appeal.