Section 43. In any proceeding in a probate court, the petitioner or respondent may at any time after the filing of the petition file interrogatories in the registry of probate for the discovery of facts and documents material to the support or defence of the proceeding. All provisions of chapter two hundred and thirty-one relative to interrogatories in civil actions shall, so far as applicable, apply to such interrogatories. If a party neglects or refuses to expunge, amend or answer according to said chapter, the petition shall be dismissed or its prayer granted, or such other order or decree entered as may be required.

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Terms Used In Massachusetts General Laws ch. 215 sec. 43

  • Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
  • Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
  • Interrogatories: Written questions asked by one party of an opposing party, who must answer them in writing under oath; a discovery device in a lawsuit.
  • Probate: Proving a will