Massachusetts General Laws

Mass. Gen. Laws ch. 231, § 64 (2026)

Failure to answer or to amend or expunge answer

✓ current as of July 2026

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Section 64. If a party interrogated fails to answer interrogatories, or to amend or expunge an answer or part of an answer as ordered, the court may make and enter such order, judgment or decree as justice requires except that judgment shall not be entered because of the failure of the party interrogated to answer interrogatories until five days after written notice that such judgment will be entered has been sent by the clerk of the court to said party interrogated, or his attorney of record.

Notes of Decisions

Cited in 9 cases, 1956–2008 · leading case: Porter v. Ackerman, 405 N.E.2d 141 (Mass. 1980).

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Porter v. Ackerman, 405 N.E.2d 141 (Mass. 1980). “” But it appears from G. L. c. 231, § 64, and Superior Court Rules 36 and 37, see also G.”

Sullivan v. Commonwealth, 311 N.E.2d 552 (Mass. 1974). “2 Compare G. L. c. 231, § 64, as amended by St. 1966, c.”

Roketenetz v. Bd. of Assessors, 892 N.E.2d 363 (Mass. App. Ct. 2008). “231, §§ 61-67); G. L. c. 231, § 64 (regarding penalties for failure to comply with a discovery order issued by the Appellate Tax Board).”

Hill v. Bookbinder, 348 N.E.2d 447 (Mass. App. Ct. 1976). “The notice required by G. L. c. 231, § 64 (as amended by St. 1966, c.”

Enciso v. Zegarelli, 1981 Mass. App. Div. 171 (Mass. Dist. Ct., App. Div. 1981). “In affirming the decision of the Southern District, The Supreme Judicial Court stated: it appears from G.L.c. 231, § 64 and Superior Court Rules 36 and 27 .”

Amato v. Alphonso, 57 Mass. App. Dec. 162 (Mass. Dist. Ct., App. Div. 1976). “The power to enforce a party’s right to discovery by interrogatories is conferred on the trial court under G.L. c. 231, §64: "If a party interrogated fails to answer interrogatories, or to amend or expunge an answer or part of an answer as ordered, the court may make and enter…”

Babbitt v. Robbins, 307 N.E.2d 20 (Mass. App. Ct. 1974). “See G. L. c. 231, § 64, as amended by St. 1966, c.”

Matos v. Trinity Constr. Co., 320 N.E.2d 837 (Mass. App. Ct. 1974). “The plaintiffs failed to do so, and notice was sent to them on September 9, 1971, in accordance with G. L. c. 231, § 64 (as amended by St. 1966, c.”

Greaves v. Lacey, 12 Mass. App. Dec. 56 (Mass. Dist. Ct., App. Div. 1956). “No further answers were filed by the defendant within *59 the time ordered and by virtue of G. L. c. 231, §64 the judge could, "make and enter such order, judgment or decree as justice requires.”

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