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Superior Court Rules

Superior Court Rules Superior Court Rule 29: Cover sheet; statement as to damages

Courts: Superior Court
Effective Date: 01/01/2016
Updates: Amended effective November 1, 1974 Amended effective May 8, 1976
Amended effective January 9, 1979 Amended effective August 1, 1984 Amended effective March 25, 1986 Amended effective November 17, 1986 Amended September 24, 2015, effective January 1, 2016

(Applicable to civil actions)

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1. Cover sheets

No Clerk-Magistrate shall accept for filing any Complaint or other pleading which commences a civil action unless accompanied by a civil action cover sheet completed and signed by the attorney or pro se party filing such pleading. The civil action cover sheet shall be in a form approved by the Chief Administrative Justice in consultation with the Chief Justice of the Superior Court.

2. Duty of the plaintiff

Upon the cover sheet provided for in paragraph one above, the plaintiff or his counsel shall set forth, where appropriate, a statement specifying in full and itemized detail the facts upon which the plaintiff then relies as constituting money damages. A copy of such civil action cover sheet, including the statement as to damages, shall be served on the defendant together with the complaint. If a statement of money damages, where appropriate is not filed, the Clerk-Magistrate shall transfer the action as provided in Rule 29(5)(c).

3. Duty of the defendant

Should the defendant believe the statement of damages filed by the plaintiff is in any respect inadequate, he or his counsel may file with the answer a statement specifying in reasonable detail the potential damages which may result should the plaintiff prevail. Such statement, if any, shall be served with the answer.

4. Limitation

A statement of money damages filed pursuant to this rule shall not constitute a judicial admission nor may it be admitted in evidence.

5. Power of the court

Should it appear from the statement(s) of damages filed as provided above, or from any subsequent amendments thereto, that there is no reasonable likelihood that recovery by the plaintiff will meet the amount necessary to proceed in the Superior Court under G.L. c. 212, §§ 3 and 3A, then the court, after receiving written responses from the parties and after a hearing, if requested by any party, may dismiss the case, in which case the clerk shall proceed as provided in G. L. c. 212, § 3A.

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Updates: Amended effective November 1, 1974 Amended effective May 8, 1976
Amended effective January 9, 1979 Amended effective August 1, 1984 Amended effective March 25, 1986 Amended effective November 17, 1986 Amended September 24, 2015, effective January 1, 2016

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