Left Court Before Your Eviction Trial Was Called?

If the judge says your eviction trial will happen “today” and you leave the courthouse before your case is called back, you can lose by default, and getting that default undone is hard. In a June 2025 case, the Appeals Court upheld a Housing Court judge who refused to vacate a default judgment against a tenant who left before her case was recalled. This is an unpublished Appeals Court decision under Rule 23.0, which courts may cite as persuasive but not as binding precedent.

What happened

The landlord ended the tenant’s tenancy at will and filed an eviction case in the Eastern Housing Court, claiming back rent. The tenant answered and raised defenses and counterclaims, including retaliation, discrimination, and bad conditions. On the morning of trial, the judge ruled that the tenant could not offer documents because she had not complied with a discovery order, though she could still testify. The judge then said several times that the trial would go forward that day but that she could not say exactly when. Less than ninety minutes after that hearing ended, the judge called the case back. The tenant had left. A court officer and the clerk looked for her and could not find her, and the judge entered a default judgment for the landlord. About three weeks later, the tenant asked the court to vacate the default. The judge said no.

What the court decided

The Appeals Court affirmed in ASA Valentine, LLC v. Gordon, No. 24-P-630 (Mass. App. Ct. June 5, 2025) (Rule 23.0 decision).

First, the court noted that a default judgment in an eviction case cannot itself be appealed. Rule 12 of the Uniform Summary Process Rules excludes default judgments from appeal. The way to challenge one is a motion for relief from judgment under Mass. R. Civ. P. 60 (b). See Adjartey v. Central Div. of the Hous. Court Dep’t, 481 Mass. 830 (2019).

Second, a motion based on “excusable neglect” under Rule 60 (b) (1) is judged by several factors. They include how quickly you acted after judgment and whether you showed, by affidavit or on the record, that your defense has merit. See Fort Point Invs., LLC v. Kirunge-Smith, 103 Mass. App. Ct. 758 (2024). The trial judge has wide discretion.

Here the factors did not help the tenant. She waited about three weeks to file. She did not submit affidavits or other support for her defenses and counterclaims. And the record showed the judge had told the parties three times that trial would happen that day.

The court did add an important point that helps tenants in general. Citing Adjartey, it said eviction cases are complex and fast, and most tenants have no lawyer. So when a judge tells the parties a case will be recalled later in the day, the judge should make reasonable efforts to find a missing party before defaulting them. That can mean checking the courthouse, calling the phone number on the party’s papers, or holding the case for a reasonable time. In this case, the court found that sending the court officer and clerk to search was enough.

The court also rejected the tenant’s argument that she should have been given more time to get a lawyer. She had not asked for a continuance at the trial date, and she had already received some help from counsel earlier in the case.

What this means for you

This decision is a warning. In Housing Court, your case may be called, put aside, and called again hours later. If the judge says the trial is today, it is today, even if no one gives you a time.

If you leave, the landlord can ask for a default, and you may lose possession and owe money without ever telling your side. Undoing that default is possible, but you carry the burden. You must move fast and show the judge, in writing and under oath, why you have a real defense. A list of defenses in your answer is not enough on its own.

There is also a lesson about discovery. Because the tenant had not answered discovery, she could not use her documents at trial. That made it hard to show her defenses had merit later.

What to do now

1. On your court date, plan to stay all day. Do not leave until a court officer or the clerk tells you your case is done for the day.
2. If you must step out, tell the clerk and the court officer where you will be, and make sure your phone number is on your court papers.
3. Answer discovery on time. If you cannot, ask the court for more time before the deadline.
4. If you are defaulted, file a motion for relief from the default judgment right away. Attach a signed affidavit explaining why you missed the call and the facts that support your defenses.
5. If you want a lawyer, ask the judge for a continuance on the record, and say why.

If this is your situation, call Doubleday Law at (617) 575-2006 or tell us what happened. Housing Court deadlines are short.