Information:

You can also:

Follow Us:

FacebookTwitterBlog RSS


Share |

Massachusetts District/Municipal Courts Supplemental Rules of Civil Procedure
Rule 106: Assessment of Damages

[Disclaimer]

A. The clerk in assessing damages on a promissory note or other contract shall not allow interest at a rate in excess of eight (8) per cent per annum, unless it shall be made to appear that the provisions of Section 206 of the Soldiers' and Sailors' Civil Relief Act as amended by amendment of 1942 are inapplicable.

B. In actions on bonds, and on all other contracts, when damages are to be assessed by the court or by the clerk, the plaintiff shall file an account or statement in writing of the particulars of his demand, unless the same are sufficiently apparent from the complaint or from the bond, note or other instrument on which the complaint is based. The party or his attorney shall also file a certificate setting forth (a) the amount, if any, paid to or in behalf of the plaintiff on account of his claim between the date of service of the complaint and the date on which damages are assessed, and (b) the net balance due the plaintiff from the defendant on the date of such certificate.

C. In any action in which a hearing for assessment of damages is required after default, a party desiring to place a case on the hearing list shall file with the clerk a request that the case be placed on such list and a certificate of service of notice thereof on all other parties entitled to such notice. The clerk shall give notice of such assessment of damages at least seven days before the hearing day.