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Session Laws

1985

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CHAPTER 221 AN ACT RELATIVE TO CONSOLIDATION OF CASES IN THE TRIAL COURT.

Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:

Chapter 223 of the General Laws is hereby amended by striking out section 2A, as appearing in the 1984 Official Edition, and inserting in place thereof the following section:-

Section 2A. Whenever cross actions between the same parties or two or more actions, including for the purposes hereof other court proceedings and actions transferred under section one hundred and two C of chapter two hundred and thirty-one, arising out of or connected with the same accident, event or transaction are pending in more than one division of the same department of the trial court, the administrative justice of such department of the trial court may, upon motion of any party to such action in such court, order the consolidation of such actions for the purpose of trial together in any division of said department of the trial court to be designated in the order. The party making such motion shall give notice thereof to the clerks, clerk magistrates or registers of probate of the divisions in which said actions are pending, to all parties to such actions, and to the administrative justice of the respective department of the trial court. Thereafter, none of said actions shall be placed on any trial list until after the disposition of said motion. This section shall apply only to actions as to which the time limit for removal to the superior court department under section one hundred and four of chapter two hundred and thirty-one has expired.

Approved July 31, 1985.