Legal Question in Civil Litigation in Massachusetts

Re: Civil procedure

With all due respect, you have snatched victory from the jaws of defeat....

By continuing to litigate after you had a default awarded to you, you have reopened the case for the other party. You effectively gave him a second chance, when he was not entitled to one.

An attorney might be able to "close" this situation for you, but if you continue to try to do this on your own, I predict you will lose. Depending on what you have filed, the case may be beyond recovery.

I do not mean to be rude, only blunt. I wish you good luck in your endeavor.

Re: Civil procedure

Are you kidding?

First, after the default is entered, you have won. The burden is on the defendant to remove your default (which CAN be done, if there's a good excuse, but I don't think I see one here!).

His answers to Ints are simply coming at the wrong time and it makes no difference in this context whether they are responsive or not.

Who told you to make a MOTION for Final Judgment? Why? After the REAPP, you have won, barring some really good lawyering for the defendant with some darned good excuses.

By making your motion to Strike, you're admitting defeat and signalling to the judge that you're ready to lose the ground you've gained with but a whimper. Furthermore, it's meaningless to strike answers to Ints; those are discovery responses, not the "Answer" which the Rules talk about (which one might like to get stricken), and discovery is only used to further and make more definite your information about the case. (Striking responses to Requests for Admissions is a different story since no response to those carries a consequence legally; there is a consequence for failure to answer Ints but it's less easily applied or used.)

Question: if you have won, is it clear how much you have won or will there have to be a hearing on the damages?

Why don't you call me (or some other lawyer) about how to finish this case?

Re: Civil procedure

Look at the Rules to see what follows the reapp. It is all clearly spelled out there, to wit, a hearing for the assessment of damages.

Also, very important, whatever def files while in

default must not be accepted by the Clerk for

filing. OLLLLLLLDDDDDD law.

Follow up quickly on the assessment of damages

hearing.

His discovery should not have been, in any case, filed with the Superior Court. See Standing Orders of the Court.

If his discovery pleadings have been accepted, etc., for filing, move to strike them from the record as having been improperly accepted for filing.

By the way, where in Mass are you? Which County? Which defense attorney? The company?