Mass. Trial. Ct. R. 10
Commentary
This rule deals with two related but distinct subjects:
(1) the entry of defaults and dismissals and (2) the entry of judgment after entry of default or dismissal, and after trial.
Entry of default or dismissal can depend on two considerations, namely, whether defendant has filed a timely answer and appeared for trial, and whether plaintiff appears for trial. Paragraphs (a) and (b) cover all situations involving failure of the parties to fulfill either one of these requirements.
Note, for example, that upon failure of the defendant to file a timely answer and appear, entry of default is in order if the plaintiff or his attorney appears. Under section (a), if a defendant who has not answered appears, plaintiff has the option of obtaining an automatic one week postponement or proceeding to trial forthwith. The plaintiff, therefore, could have an attorney present to answer the list and obtain defaults while ,avoiding unnecessary personal appearances. If default ultimately is entered and not removed prior to entry of judgment under paragraph (d), the defendant is left to his rights to relief from judgment under Rule 11 and to appeal under Rule 12.
The provisions of G.L. c. 239, §§ 9 and 10, whereby a tenant can apply for a stay of judgment and execution, are relevant here.