Legal Question in Civil Rights Law in Massachusetts

Re: civil case

Whoever filed the application for final judgment under rule 33 did so because the other party did not answer written interrogatories on time. Rule 33 provides for the entry of judgment against the party who failed to provide interrogatory answers within the time permitted.

However, if interrogatory answers are served on the party who requested them within a period of time following the application for final judgment, the application for judgment is lifted/withdrawn, and the answering party can proceed along in the case without any adverse effect.

By withdrawing the request for final judgment, the party making the request has probably received interrogatory answers before the rule 33 deadline for final judgment ran, or has simply agreed to lift the judgment mechanism according to an agreement with the opposing attorney. The case will probably now proceed in the normal course, as if the application had never been made. No harm, no foul.