MOTION TO EXTEND TIME

IN THE WORCESTER SUPERIOR COURT FOR THE COUNTY OF WORCESTER IN THE STATE OF MASSACHUSETTS

Matthew Seitz,

Plaintiff,

 

vs.

 

DR. ANTHONY MONCTON,

Defendant

  

Case No.: ___________

 

 

MOTION TO EXTEND TIME TO FILE OFFERS OF PROOF

Now comes Plaintiff Matthew Seitz, pro se, pursuant to Mass. Super. Ct. Rule 9A and Mass. R. Civ. P. 6(b)(1) and hereby files this Motion to Extend Time to File Offers of Proof.

Plaintiff’s motion is based on the following reasons: Plaintiff does not have a lawyer. He therefore needs an additional 30 days to locate a lawyer. Plaintiff also needs to get expert witness to support his case.

MEMORANDUM OF POINTS AND AUTHORITIES

  1. Procedural Background
  2. Plaintiff filed this action on [ENTER DATE].
  3. Defendant filed an Answer to the Complaint on [ENTER DATE].
  4. According to the Massachusetts Superior Court Rule 73, within 15 days after defendant’s answer has been filed in a case subject to G.L. c. 231, § 60B, the plaintiff shall file the offer of proof with the clerk and provide a copy to the defendant.
  5. Plaintiff does not have an attorney.
  6. Plaintiff has also not yet found expert evidence to support his case.
  7. Plaintiff therefore needs an extension of time to get an attorney and to get expert witnesses.
  8. Argument(s)

There is good cause to request an extension of time

  1. The Supreme Judicial Court of Massachusetts has held that a party seeking extension of time must show good faith and lack of prejudice to the adverse party. See Passatempo v. McMenimen, 960 N.E.2d 275, 293 (Mass. 2012).
  2. Plaintiff files this Motion in good faith. Plaintiff further asserts that the Defendant would not be prejudiced by the requested extension.
  3. As Plaintiff has already stated, the extension of time is necessitated by Plaintiff’s need to obtain an attorney to help him successfully prosecute the case. Plaintiff also needs to get expert witnesses to help him present expert evidence.
  4. It is therefore for good cause, and in the interest of justice, for this Court to grant Plaintiff’s request to extend the time to file Offers of Proof for thirty days.

 

Respectfully submitted:

Dated: __________

______________________________

MATTHEW SEITZ

Pro se

 

 

 

 

IN THE WORCESTER SUPERIOR COURT FOR THE COUNTY OF WORCESTER IN THE STATE OF MASSACHUSETTS

Matthew Seitz,

Plaintiff,

 

vs.

 

DR. ANTHONY MONCTON,

Defendant

  

Case No.: ___________

 

 

AFFIDAVIT IN SUPPORT OF MOTION TO EXTEND TIME TO FILE OFFERS OF PROOF

I, Matthew Seitz, being duly sworn, states as follows:

  1. I am the Plaintiff in this case.
  2. I am an adult of sound mind. I am therefore competent to swear this affidavit.
  3. I filed this action on [ENTER DATE].
  4. Defendant filed an Answer to the Complaint on [ENTER DATE].
  5. I do not have an attorney.
  6. I am also looking for expert evidence to support my case.
  7. I therefore need a 30 days’ extension of time to get an attorney and to get expert witnesses.
  8. I have made a good faith effort to confer with the Defendant regarding the subject of my Motion to Extend Time.

 

______________________________

MATTHEW SEITZ

Pro se

CERTIFICATE OF MAILING

I, [ENTER NAME], certified on this ______day of ________ 2023, I deposited a true copy of the above to the Defendant by placing the documents with prepaid postage in the United States mailbox address.

 

 

______________________________

MATTHEW SEITZ

Pro se

 

 

 

 

 

 

 

 

 

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