Legal Question in Civil Litigation in Massachusetts

Time frame for plaintiff to move suit foward

Hello, I was served with a civil summons in Worcester District court(East Brookfield division). I filed an answer with the plaintiff and the court within the time required by the rules of civil procedure. About 30 days after I filed my answer I went to the court house to ask about a hearing date. The clerk said I would be notified by the plaintiff when they decide to set a date. It has been well over 90 days since I filed my answer. My question is, is there a timeframe which the plaintiff has to set the first hearing date on this complaint. I believe the answer may be somewhere in standing order 1-88 but I don't have access to that without going to a law library.If there is a time requirement and they've exceeded it I'd like to file a motion to have suit dismissed. Any help on the time frame for this suit would be of great help.

THanks


Asked on 5/15/04, 11:18 am

2 Answers from Attorneys
Len Foy NH Residential Title & Escrow

Re: Time frame for plaintiff to move suit foward

Hello & Thanks for Writing -

It's not clear to me from your question what kind of case you're involved with, but typically there is an opportunity for pre-trial discovery (the process by which the parties ask questions of each other and exchange documents) and also the filing of pre-trial motions (motions to dismiss, etc.). A trial may be premature at this juncture, but it's true that the plaintiff, generally speaking, controls the pace of the litigation and it is the plaintiff who will request (and be granted) a trial date.

If you have additional questions email me at [email protected] or call my office at (603) 434-3437. I am admitted to practice in New Hampshire and in Massachusetts, and our firm has an office in Methuen, Mass.

Regards and Good Luck -

Len Foy

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Answered on 5/15/04, 2:20 pm
Nance Lyons Law Office of Nance Lyons

Re: Time frame for plaintiff to move suit foward

Once the answer is filed, the issues are joined and the court or the plaitiff make the next move. If you want to get some control, you may want to draft some questions to be answered by plaintiff and request documents in support of her claims. YOu have to follow the rules of civil procedure to do this. If they are not answered in a timely fashion you can file a motion with the court. Unfortunately, there is no way to determine how long case willt ake.

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Answered on 5/20/04, 3:53 pm


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