Legal Question in Consumer Law in Massachusetts

My rights with my evidence

I have a small claim pending. My house caught on fire due to a purchase of thermostats from a major dept. store. They had been recalled six months PRIOR to me purchasing them. Their lawyers want all my paperwork before we meet in court. Do I have to release all my evidence to them. They sent me a letter saying court orders require disclosure of my documents (Rule 5).Also can I sure for neglience of the stores part AND/OR pain and suffering in MA. Tnak you


Asked on 1/08/02, 2:11 pm

1 Answer from Attorneys
Robert Trant Law Office of Robert R. Trant

Re: My rights with my evidence

Pursuant to Rule 5, there is no discovery in small claims cases without court approval. The defendant's attorney must file a motion with the court to request discovery. If the court has ordered discovery, you must comply. Absent a court order, you certainly could provide some information prior to going to court since this may lead to the defendants making a settlement offer. As for other possible claims, keep in mind that small claims is meant to handle claims with a value less than $2,000. Pain and suffering is generally an element of your damages (as opposed to a cause of action) and you need to provide documentation to prove the damages claimed.

Read more
Answered on 1/08/02, 4:13 pm


Related Questions & Answers

More Consumer Law questions and answers in Massachusetts