Scope and applicability of rules; Definitions

Pursuant to G.L. c. 218, §§ 21-25 , these rules govern procedures in all small claims actions in the Trial Court of the Commonwealth. They shall be construed and applied to secure the just, speedy and inexpensive determination of every small claims action. Other civil rules of court shall not be applicable in small claims. As used herein, the singular shall include the plural. In these rules, the following terms shall have the following meanings: "Clerk" shall mean the Clerk-Magistrate of the division or a person assigned by him or her to perform the required function. "Court" shall mean the magistrate or judge presiding over the hearing of a small claims action. "Magistrate" shall mean a clerk-magistrate or assistant clerk magistrate authorized by G.L. c. 218, §§ 21-23 to hear and determine small claims actions. "Trade" and " commerce" shall have the same meaning as in G.L. c. 93A, § 1 , but shall not include the lease or rental of residential property that is the plaintiff’s primary residence and that consists of three units or less, provided the plaintiff does not own, manage or have other involvement in the lease or rental of other residential property. "Assigned debt" shall mean a claim or judgment where the right to collect the debt has been assigned by the creditor to another person or entity. "Plaintiff” in Rules 7 through 10 , shall include a defendant with respect to any counterclaim or any claim against a third party brought by him or her, and the word “defendant” shall include a plaintiff or a third party with respect to any counterclaim or any third-party claim brought against him or her. "He” or “she” shall include any entity that may sue or be sued. The Chief Justice for Administration and Management shall promulgate the Statement of Small Claim form, the Verification of Defendant’s Address form, and the Agreement for Judgment form provided for in these rules.