Legal Question in Consumer Law in Massachusetts

In my Case Management Conference, the judge ordered the plaintiff to produce a document by 12/19/14 (30 days from the CMC) and we would meet at the pre trial conference 2 weeks after that date. At the pre trial conference the plaintiff provided me with the document with office letter head dated for 12/19/14. This never made it to my house via mail and there was no notarized certificate of service with this item as there were with previous discovery documents. The pre trial conference is rescheduled but is this document admissible because it never made it to me by the date and there is no proof they mailed it?


Asked on 1/13/15, 7:21 am

1 Answer from Attorneys
Jed Berliner L J Berliner

Two separate questions here. The document is admissible despite the absence of a mailing to you. Documents can be delivered by mail or in hand.

But you got it two weeks late. It's up to the judge to decide if that was fatal. You'll have to file a "motion in limine" to preclude its admissibility. You will probably lose because you haven't been harmed in any way, but it is up to the judge's discretion. On occasion a judge will get angry simply because an order wasn't complied with despite the absence of injury to any party.

I'm going to stick my neck out and suggest you consult with an attorney. You're being sued. Because you've asked for a document, I guess it might be over a credit card debt. I specialize in affordable credit card defenses.

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Answered on 1/13/15, 8:06 am


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