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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Abdeljaber v. Gaddoura, 60 Mass. App. Ct. 294 (2004)

Citation
Abdeljaber v. Gaddoura, 60 Mass. App. Ct. 294 (2004)
Parent Document
Abdeljaber v. Gaddoura, 60 Mass. App. Ct. 294 (2004)
Jurisdiction
Massachusetts (state)
Effective Date
2004-01-07

Other Sections in This Document (29)

Full Text

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The landlord did bring to this court’s attention “Rule 5” of the “Rules of the Western Division of the Housing Court Department,” which appears as a “Miscellaneous Rule” in an unofficial compilation, Massachusetts Rules of Court (State), at 645 (Thomson-West 2003). The identical rule appears in another unofficial source as “Rule 5” of the “Miscellaneous Rules” of the “Rules of the Housing Court for Hampden County.” 2 Mass. Ann. Laws, Court Rules, at 1237 (LexisNexis 2003). “Rule 5” would not apply to the Worcester division of the Housing Court, in which this case arises. For whatever instructive value it may have, however, “Rule 5” provides that “[i]n any case where both parties thereto assent, the Court may assign the Housing Specialist Department to take a view of the premises in question and require it to make a written report to the Court, with a copy to both parties, of its observations. This view report shall constitute evidence in the case.” Massachusetts Rules of Court (State), at 645 (Thomson-West 2003).