· 11/23/1983
USTrust Co. v. Kennedy
Citations
- 456 N.E.2d 775
- 17 Mass. App. Ct. 131
- 1983 Mass. App. LEXIS 1516
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- “When the party offended by the rules violation is prejudiced, it is error not to reject the tardily filed affidavit”
- “[Wjhen the party offended by the rules violation is prejudiced, it is error not to reject the tardily filed affidavit.”
- error for judge to receive supplementary affidavit with new factual information, where opposing counsel was absent due to illness
- trial judges \have discretion to forgive a failure to comply with a rule if the failure does not affect the opposing party's opportunity to develop and prepare a response\
- although procedural rules are not mere guidelines, judge may \forgive a failure to comply with a rule if the 6 failure does not affect the opposing party's opportunity to develop and prepare a response\
Source: CourtListener parenthetical corpus (CC0).
Judges: Kass, Cutter, Smith
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.