Massachusetts General Laws

Mass. Gen. Laws ch. 246, § 12 (2026)

Interrogatories; answer

✓ current as of July 2026

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Section 12. The plaintiff may from time to time examine the alleged trustee upon written interrogatories filed in the clerk's office. The answers thereto shall be signed, sworn to and filed in said office within seven days after notice to the trustee or his attorney of the filing of the interrogatories, unless the court otherwise orders. If the answers are not so filed, the court may make such order as the case may require.

Notes of Decisions

Cited in 3 cases, 1957–2003 · leading case: Chang v. BankBoston, N.A., 787 N.E.2d 1144 (Mass. App. Ct. 2003).

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Chang v. BankBoston, N.A., 787 N.E.2d 1144 (Mass. App. Ct. 2003). · cites it 2× “” The plaintiffs exercised rights to examine the trustee by written interrogatories, see G. L. c. 246, § 12, and discovered the facts we have recited about the $16,057 on deposit in one of four accounts that Interstate maintained at the Bank and the Bank’s set-off against those…”

Longwood Home Modernizing Corp. v. Sec. Trust Co., 13 Mass. App. Dec. 90 (Mass. Dist. Ct., App. Div. 1957). · cites it 2× “The view expressed by the Court was that it was mandatory for the plaintiff to have proceeded along this line.”

R. L. Gourley Co. v. Middlesex Eng'g & Equip. Corp., 23 Mass. App. Dec. 128 (Mass. Dist. Ct., App. Div. 1961). “The right of the plaintiff to interrogate the trustee is conferred by statute (G. L. c. 246, §12). Nor is it a matter within the discretion of the court entirely as to what information shall or shall not be disclosed.”

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