Motion To Dismiss In A Debt Collection Suit Instructions, Example, Sample Form Page 3
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6EXAMPLE MOTION TO DISMISS
COMMONWEALTH OF MASSACHUSETTS
THE TRIAL COURT OF THE COMMONWEALTH
SUFFOLK_____,
DORCHESTER
ss.
_
__DISTRICT COURT
2011-CV-
DOCKET NO. __
3833__
_Bank of New Debt
__
)
Plaintiff,
)
)
DEFENDANT’S MOTION TO DISMISS
v.
)
)
Kerry Timberland
)
(Your name)_
Defendant.
)
NOW COMES the Defendant who hereby asks the Court to dismiss this case under
Massachusetts Rules of Civil Procedure R. 37 (b)(2) (c) due to the Plaintiff’s failure to comply
July 15, 2012
with the Court’s order dated __
_ ordering Plaintiff to
(what the court told the plaintiff to
to provide defendant with answers to discovery requests
.
do)___
In support of this motion, the Defendant states:
1. Defendant mailed via first class mail the Plaintiff’s counsel discovery requests including
April 10, 2012
Request for Production of Documents on
_
___.
(date)
2. The Plaintiff did not respond to the Discovery Request with any documents.
3. Defendant mailed via first class mail to the Plaintiff’s counsel Defendant’s Motion to
June 30, 2012
Compel Discovery on
__
___.
(date)
July 15,
4. A hearing on Defendant’s Motion to Compel Discovery was held on
___
(date)
2012
_.
5. At said hearing the Court allowed Defendant’s Motion to Compel requiring documents to
July 30, 2012
be provided by
______
_________.
(date)
6. Documents have not been provided at this time.
The Defendant respectfully requests the Court dismiss this case under Massachusetts Rules
of Civil Procedure R. 37 (b)(2) (c) due to the Plaintiff’s failure to comply with the Court’s
Order.
Respectfully submitted,
Kerry Timberland
Signed:___
_______
Kerry Timberland
Your name:
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