Motion To Dismiss In A Debt Collection Suit Instructions, Example, Sample Form Page 5
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6COMMONWEALTH OF MASSACHUSETTS
THE TRIAL COURT OFTHE COMMONWEALTH
_________________, ss.
_______________________DISTRICT COURT
______________________DOCKET NUMBER
__________________________
)
Plaintiff,
)
)
DEFENDANT’S MOTION TO DISMISS
v.
)
)
_____________
)
(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 with the Court’s order dated
____________ ordering Plaintiff to
.
(what the court told the plaintiff to do)__________________________________________________
In support of this motion, the Defendant states:
7. Defendant mailed via first class mail the Plaintiff’s counsel discovery requests including Request
for Production of Documents on
_______________.
(date)
8. The Plaintiff did not respond to the Discovery Request with any documents.
9. Defendant mailed via first class mail to the Plaintiff’s counsel Defendant’s Motion to Compel
Discovery on
_______________.
(date)
10. A hearing on Defendant’s Motion to Compel Discovery was held on
_______________.
(date)
11. At the hearing the Court allowed Defendant’s Motion to Compel requiring documents to be
provided by
_______________.
(date)
12. 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,
___________
Signed:___
_______
Your name:
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