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· 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 CourtListener

Sourced 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.