This is the paper you got after the hearing on your Motion to Compel.
Use this Motion to Dismiss is to tell the court you should win the case because the Plaintiff did not do what they were supposed to. This motion tells the judge that the Plaintiff did not follow the prior Court Order telling them to give you answers to interrogatories and documents.
If you did not get a Court Order already, do not file this motion.
To learn more about getting interrogatories answered and documents in a debt collection case, visit www.masslegalhelp.org/debtdiscovery. Use these instructions to review and file your motion.
1. Look at the motion and make sure everything it says is true and is spelled correctly.
2. Your motion is on the next page. If it is not, type 'Ctrl' + 'Enter' before the heading, COMMONWEALTH OF MASSACHUSETTS.
3.In the 'Notice of Hearing' section write the date and time of the hearing.
COMMONWEALTH OF MASSACHUSETTS TRIAL COURT
court Court Docket Number:docket
MOTION TO DISMISS
The Defendant, name, moves that this action be dismissed pursuant to Rule 37(d) of the Mass. Rules of Civil Procedure because the Plaintiff has failed to comply with this Court's orderdate Order regarding discovery. In support of this motion, the Defendant states the following:
Respectfully submitted by the Defendant,__________________________________________ name
Notice of Hearing
This motion is marked for hearing on____________________at______o'clock at the court Court.
CERTIFICATE OF SERVICE
I hereby certify that a true copy of this Motion to Dismiss was served upon the attorney of record for the Plaintiff, attorney by regular first class mail postage pre-paid on service.
This form was prepared using form preparation software without the assistance of counsel.