Form 20: Motion to Dismiss – Massachusetts Courts

Form 20, Motion to Dismiss, is used to request that the court dismiss an eviction case. This form provides tenants with a structured way to outline reasons why the eviction should not proceed, ensuring that all necessary information is presented clearly and effectively to the court. The form includes detailed instructions on how to fill out each section, ensuring that tenants can complete it accurately. It also provides guidelines on how to file the form with the court and serve it to the landlord, emphasizing the importance of timely submission. This form ensures that tenants have a formal mechanism to request the dismissal of their eviction case, helping to protect their rights within the judicial system.

Following these steps to fill out the Motion to Dismiss accurately:

Step-by-Step Instructions

– Court Heading

1. County Name

1. • Write the name of the county where your case is being heard.
2. Trial Date
   • Original Trial Date: Write the original trial date found in the summons and complaint you received.
   • Rescheduled Trial Date: If you are filing for discovery, check the box next to “Rescheduled Trial Date” and write the date that is exactly two weeks after the original trial date. If you are not requesting discovery, check the box before “Original Trial Date.”
3. Plaintiff’s Name (Landlord)
   • Write your landlord’s name exactly as it appears on the summons and complaint.
4. Defendant’s Name (Tenant)
   • Write your name exactly as it appears on the summons and complaint.
5. Court Name
   • Copy the name of the court from the summons and complaint.
6. Docket Number
   • Fill in the docket number. This number is usually found on the summons and complaint or on any notice you receive from the court. If you are unsure of the docket number, contact the court to obtain it.

– Motion Section

• Reasons for Dismissal
  • Check the boxes that apply to your situation. The possible reasons include:
    1. The landlord started the case before the Notice to Quit expired.
    2. The landlord did not serve you with a Notice to Quit or did not properly terminate your tenancy.
    3. You have paid rent or attempted to pay the landlord, making the termination of your tenancy invalid.
    4. You “revived” your tenancy by paying all owed rent within the legally allowed time.
    5. The landlord accepted your rent without reservation after serving the Notice to Quit, creating a new tenancy.
    6. Any other relevant reason (specify in the provided space).

– Notice of Hearing

• Hearing Date
  • Write the date and time when your motion will be heard by the court. This is typically the original trial date unless instructed otherwise by the court clerk. Confirm the correct date with the clerk if needed.

– Certificate of Service

• Service Method
  • Indicate how you delivered the Motion to Dismiss to your landlord or their lawyer by circling “delivered” or “mailed.”
  • Write the date you delivered or mailed the motion.
  • Make sure to use first-class mail if mailing.
• Signature and Contact Information
  • Sign your full name.
  • Print your name, address, and telephone number.

– How to Deliver the Motion

• Make Copies
  • Make two copies of the completed motion.
• File with the Court
  • Deliver the original motion to the court at least 7 days before your original trial date. If you cannot meet this deadline, submit it as soon as possible.
• Serve the Landlord
  • Deliver or mail a copy to your landlord or their lawyer. They should receive it at least 7 days before the original trial date. Provide as much advance notice as possible.
• Keep a Copy
  • Keep a copy for yourself to bring to court.

By following these steps, you can ensure that your Motion to Dismiss is properly filled out, submitted, and served, helping to protect your rights in the eviction process.