Session Laws

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

SECTION 1. Notwithstanding the provisions of section five of chapter two hundred and twelve of the General Laws, the superior court in Norfolk and Middlesex counties shall have jurisdiction in civil actions otherwise subject to transfer, retransfer, removal and appeal, pursuant to sections ninety-seven to one hundred and seven, inclusive, of chapter two hundred and thirty-one of the General Laws, as provided in section four of this act.

SECTION 2. Notwithstanding the provisions of sections twelve and thirteen of chapter two hundred and twelve of the General Laws, the superior court in Norfolk and Middlesex counties shall not hear appeals in district court civil actions otherwise subject to transfer, retransfer, removal and appeal, pursuant to sections ninety-seven to one hundred and seven, inclusive, of chapter two hundred and thirty-one of the General Laws.

SECTION 3. Notwithstanding the provisions of section nineteen C of chapter two hundred and eighteen of the General Laws, for civil actions otherwise subject to transfer, retransfer, removal and appeal, pursuant to sections ninety-seven to one hundred and seven, inclusive, of chapter two hundred and thirty-one of the General Laws, district courts in Norfolk and Middlesex counties shall have the same equitable powers and jurisdiction as is provided for the superior court pursuant to chapter two hundred and fourteen of the General Laws for the purpose of the hearing and disposition of such cases.

SECTION 4. Notwithstanding the provisions of any general or special law to the contrary, including section four of chapter two hundred and twelve of the General Laws and section nineteen of chapter two hundred and eighteen of the General Laws, district courts in Norfolk and Middlesex counties shall have exclusive original jurisdiction of civil actions, otherwise subject to transfer, retransfer, removal and appeal, pursuant to sections ninety-seven to one hundred and seven, inclusive, of chapter two hundred and thirty-one of the General Laws, in which there is no reasonable likelihood that recovery by the plaintiff will exceed twenty-five thousand dollars or such other amount as is ordered from time to time by the supreme judicial court.

In Norfolk and Middlesex counties, civil actions, otherwise subject to transfer, retransfer, removal and appeal, pursuant to sections ninety-seven to one hundred and seven, inclusive, of chapter two hundred and thirty-one of the General Laws, in which there is no reasonable likelihood that recovery by the plaintiff will be less than or equal to twenty-five thousand dollars or such other amount as is ordered from time to time by the supreme judicial court shall be heard exclusively in the superior court.

SECTION 5. In Norfolk and Middlesex counties, no clerk-magistrate in the superior court or in a district court shall accept for filing any complaint or other pleading which commences civil action unless it is accompanied by a statement signed by the attorney or pro se party. The statement must specify in full and in itemized detail the facts on which the plaintiff then relies to determine money damages. The defendant may file with his answer a statement specifying in detail the potential damages which may result if the plaintiff prevails.

If it appears to the court, in Norfolk and Middlesex counties, from the statement of damages by the plaintiff that there is no reasonable likelihood that the estimated damages will be consistent with the jurisdictional limits of the court, as set forth in section four of this act, the judge, after receiving written responses from the parties and after a hearing, if requested by one of the parties, may dismiss the case without prejudice for want of jurisdiction. The judge shall make written findings of fact in support of such dismissal of the action. The filing fee in such dismissed actions shall be retained by the court; provided, however, that the recommencement of the same action in another department of the trial court shall not require the payment of a filing fee in the new court if that court is a district court. If the action is recommenced in the superior court, the filing fee shall be reduced by the amount of the filing fee previously paid to attempt to commence the same action in the district court.

SECTION 6. In any case in Norfolk and Middlesex counties where the superior court or a district court dismisses the case for want of jurisdiction as provided in section five, the plaintiff may take an appeal as hereinafter provided. The appeal shall be to a single justice of the appeals court at the next sitting thereof. Upon being notified of the dismissal, the plaintiff shall have seven days thereafter to file a notice of appeal with the clerk of the dismissing court. Upon receipt of notice of appeal timely filed, the clerk shall forthwith notify the judge who approved the dismissal for want of jurisdiction within three days of receipt of such notice, the judge who approved the dismissal shall set forth written findings and reasons justifying such dismissal, which document shall be part of the record on appeal.

The clerk shall forward the pleading which commenced the civil action, all statements by the parties, specifying in detail the potential damages if the plaintiff prevails, the judge's written findings and reasons justifying the dismissal and any other documents on file relevant to the appeal to the clerk of the appeals court. Upon receipt thereof, the clerk of the appeals court shall set the matter down for a speedy hearing and send notice to the parties.

The court dismissing the case for want of jurisdiction may, with or without motion, issue an order or process to preserve the rights of the parties pending the appeal. The single justice of the appeals court may enter or revoke any such order or process. The decision of the single justice of the appeals court as to dismissal for want of jurisdiction shall be final.

SECTION 7. Notwithstanding the provisions of chapter two hundred and sixty of the General Laws or any other applicable statutes of limitation, in a civil action in Norfolk and Middlesex counties otherwise subject to transfer, retransfer, removal and appeal, pursuant to sections ninety-seven to one hundred and seven, inclusive, of chapter two hundred and thirty-one of the General Laws, in which a plaintiff's case has been dismissed for want of jurisdiction as provided in section five of this act, the plaintiff shall be given thirty days after the date of the notice of dismissal or, in the case of an appeal from the dismissal, thirty days after the date of notice of the decision of the single justice of the appeals court to file the case in the appropriate court; provided, however, that the commencement of the dismissed case was within the applicable statute of limitations. The thirty-day time limit in this section for recommencement of an action following dismissal of the action shall apply only when the time permitted under the applicable statute of limitations would have expired at any time from the original commencement of the action to the end of such thirty-day period.

SECTION 8. Notwithstanding the provisions of any general or special law to the contrary, including sections ninety-seven, ninety-eight, ninety-nine, one hundred and one, one hundred and two, one hundred and two C, one hundred and three, one hundred and four, one hundred and four A, one hundred and six and one hundred and seven of chapter two hundred and thirty-one of the General Laws, all civil actions filed in the district courts of Norfolk and Middlesex counties, which actions were formerly subject to transfer, retransfer, removal and appeal, pursuant to sections ninety-seven to one hundred and seven, inclusive, of chapter two hundred and thirty-one of the General Laws, shall be subject to one trial, with or without a jury of six, in the district court department.

Any party may demand a trial by jury of six of any issue triable of right by a jury by serving upon the other parties a demand therefor in writing after the commencement of the action. Such a demand may be endorsed upon a pleading of the demanding party. The failure of a party to serve and file a demand for jury trial, as required by Rule thirty-eight of the Massachusetts Rules of Civil Procedure or, in a summary process case, by Rule eight of the Uniform Summary Process Rules, shall constitute a waiver by that party of trial by jury.

In any case in which a party has filed a timely demand for a jury trial, the action shall not be designated upon the docket as a jury action until after the completion of a pretrial conference, a hearing on the results of such conference and until the disposition of any pretrial discovery motion and compliance with any order of the court pursuant to such motions.

In Norfolk and Middlesex counties, district courts are authorized to hold jury of six sessions for the purpose of conducting jury trials of civil cases commenced in said courts over which said court have original jurisdiction pursuant to the provisions of section four. The chief justice for the district court department shall designate at least one district court in each of said counties for the purpose of conducting jury trials; provided, however, that with the approval of the chief justice for the superior court department, facilities of said superior court may be designated by the chief justice for administration and management of the trial court for the conduct of jury trials in cases commenced in such district courts. If necessary, facilities of any department of the trial court may be designated by the chief justice for administration and management for trial by jury of civil cases from the district courts of Norfolk and Middlesex counties.

The chief justice for the district court department may also designate one or more district courts in Norfolk and Middlesex counties for the purpose of conducting jury waived trials of cases commenced in any district court of said counties consistent with the requirements of the proper administration of justice.

Persons in such district courts who waive their right to jury trial shall be provided a jury waived trial in the same district court if such jury waived trial session has been established in such court. If such jury waved trials have not been so established, the parties shall be provided a jury waived trial in a court as hereinbefore designated.

Parties in such district courts who claim a jury trial shall be provided a jury trial in a jury of six session in the same court if a jury of six has been established in such court. If such session has not been so established, the parties shall be provided jury trials in a jury of six session as hereinbefore designated. In cases where the parties claim a jury trial, the clerk shall forthwith transfer the case for trial in the appropriate jury session. Such transfer shall be governed by procedures to be established by the chief justice for the district court department.

The justice presiding over a jury of six session shall have and exercise all powers and duties which a justice sitting in the superior court department has and may exercise in the trial and disposition of civil cases including the power to report questions of law to the appeals court.

Trials by juries of six shall proceed in accordance with the provisions of law applicable to trials by jury in the superior court; provided, however, that the number of peremptory challenges shall be limited to two to each party.

Jurors shall be provided for the jury of six session by the office of the jury commissioner in accordance with provisions of chapter two hundred and thirty-four A of the General Laws. If necessary, the superior court shall make available jurors from the pool of jurors for the jury sessions in either civil or criminal sessions in the superior court.

The chief justice for the district court department shall arrange for the sittings of the jury sessions and shall assign justices thereto, so that speedy trials may be provided. Review may be had by the appropriate appellate division pursuant to section one hundred and nine of chapter two hundred and thirty-one of the General Laws, and thereafter by the appeals court.

The justice presiding at such jury of six session may, upon the request of a party, appoint a stenographer; provided, however, that where the party claims indigency, such appointment is determined to be reasonably necessary in accordance with the provisions of chapter two hundred and sixty-one of the General Laws; and, provided further, that the court electronic recording system is not available or not properly functioning. Such stenographer shall be sworn, shall take stenographic notes of all the testimony given at the trial and shall provide the parties thereto with a transcript of the notes or any part thereof taken at the trial or hearing for which the stenographer shall be paid by the party requesting it at the rate fixed by the chief justice for the district court department; provided, however, that such rate shall not exceed the rate provided by section eighty-eight of chapter two hundred and twenty-one of the General Laws. Said chief justice may make regulations consistent with law relative to the assignments, duties and services of stenographers appointed for sessions in his department and any other matter relative to stenographers. The compensation and expenses of such appointed stenographers shall be paid by the commonwealth.

The request for the appointment of a stenographer to preserve the testimony at a trial shall be given to the clerk of the court by a party, in writing, no later than forty-eight hours prior to the proceeding for which the stenographer has been requested. The party may file with such request an affidavit of indigency and request for payment by the commonwealth of the cost of the transcript and the court shall hold a hearing on such request prior to appointing a stenographer in those cases where the party will be unable to pay such cost. Such hearing shall be governed by the provisions of chapter two hundred and sixty-one of the General Laws and the cost of such transcript shall be considered an extra cost as provided therein. If the court is unable, for any reason, to provide a stenographer, the proceedings may be recorded by electronic means. The original recording of proceedings in a district court made with a recording device under the exclusive control of the court shall be the official record of such proceedings. Said record or a copy of all or a part thereof, certified by the chief justice for the district court department, or his designee, to be an accurate electronic reproduction of said record or part thereof, or a typewritten transcript of all or a part of said record or copy thereof, certified to be accurate by the court or by the preparer of said transcript, or stipulated to by the parties, shall be admissible in any court as evidence of testimony given whenever proof of such testimony is otherwise competent. A party may request payment by the commonwealth of the cost of said transcript subject to the same provisions regarding a transcript of a stenographer as hereinbefore provided.

Any party who files in the district courts of Norfolk and Middlesex counties an appeal to the appellate division, in an action otherwise subject to transfer, retransfer, removal and appeal, pursuant to sections ninety-seven to one hundred and seven, inclusive, of chapter two hundred and thirty-one of the General Laws, within ten days of the entry of judgment or within such further time as the justice orders for cause shown allows, shall also file a bond executed by the party or attorney of record on such party's behalf, payable to the appellee in such reasonable sum and with such surety or sureties as may be approved by the appellee or by the justice or clerk or assistant clerk of such district court, conditioned to satisfy any judgment for costs which may be entered against the appellant upon said appeal.

Any party, in lieu of filing the bond required for an appeal to the appellate division, may deposit with the clerk, within the time required for filing a bond, a reasonable amount to be fixed by the clerk or justice, as security for the prosecution of the appeal and the payment of costs. A certificate of such deposit shall be issued to the depositor by the clerk of the district court who shall hold such deposit until the final disposition of the case when the clerk shall apply such deposit to the satisfaction of any costs awarded against such depositor and pay the balance, if any, to such depositor or such depositor's legal representative.

No bond or deposit shall be required of the commonwealth or any officer or employee thereof represented by the attorney general, or of a county, city, town or other municipal corporation, or of a board, officer or employee thereof represented by the city solicitor, town counsel or other officer having similar duties, or of a political subdivision, or of a party who has given bond according to law to dissolve an attachment or of a defendant in an action of tort arising out of the ownership, operation, maintenance, control or use of a motor vehicle or trailer as defined in section one of chapter ninety of the General Laws if the payment of any judgment for costs which may be entered against him is secured, in whole or in part, by a motor vehicle liability bond or policy or a deposit as provided in section thirty-four D of chapter ninety of the General Laws and the court may, in any case, for cause shown, after notice to adverse parties, order that no bond be given.

SECTION 9. The provisions of sections ninety-seven, ninety-eight, ninety-nine, one hundred and one, one hundred and two, one hundred and two C, one hundred and three, one hundred and four, one hundred and four A, one hundred and six and one hundred and seven of chapter two hundred and thirty-one of the General Laws shall not apply in Norfolk and Middlesex counties.

SECTION 10. Notwithstanding the provisions of sections three and five of chapter two hundred and thirty-nine of the General Laws, summary process actions in the district courts of Norfolk and Middlesex counties shall be subject to one trial in the district court department as provided in section eight.

SECTION 11. Notwithstanding the provisions of section twenty-seven D of chapter two hundred and sixty-one of the General Laws, in Norfolk and Middlesex counties, in civil actions otherwise subject to transfer, retransfer, removal and appeal, pursuant to sections ninety-seven to one hundred and seven, inclusive, of chapter two hundred and thirty-one of the General Laws, appeals of denials of a request for waiver, substitution or payment by the commonwealth of fees and costs shall be to the appellate division.

SECTION 12. The fourth paragraph of section two of chapter two hundred and sixty-two of the General Laws shall not apply in Norfolk and Middlesex counties.

SECTION 13. The provisions of this act shall be implemented by the chief justice for administration and management of the trial court and shall be effective in Norfolk and Middlesex counties for a period of two years commencing on July first, nineteen hundred and ninety-six and shall apply only to civil actions commenced on or after July first, nineteen hundred and ninety-six, said commencement to be defined by Rule three of the Massachusetts Rules of Civil Procedure and Rule two of the Uniform Summary Process Rules.

SECTION 14. After July first, nineteen hundred and ninety-eight, civil cases pending or initiated in district courts in Norfolk and Middlesex counties in which the parties have not elected, as of the date of such expiration, either a trial by a jury of six or a trial by a court without a jury, shall be conducted pursuant to all applicable provisions of the General Laws and shall not be subject to the provisions of this act; provided, however, that civil cases pending in said counties as of the date of such expiration in which the parties have elected either a trial by a jury of six or a trial by a court without a jury, shall continue to be conducted in accordance with the provisions of this act.

SECTION 15. The chief justice for administration and management of the trial court, in consultation with the chief justices for the superior court and the district court departments, shall prepare and file with the supreme judicial court and with the clerks of the senate and house of representatives and the house and senate committees on ways and means, an interim report on the implementation of this act, on or before December thirty-first, nineteen hundred and ninety-seven and a final report on said implementation on or before December thirty-first nineteen hundred and ninety-eight. Said reports shall provide detailed information concerning the status and effect of implementation of this act, including, but not limited to, any costs incurred as a result of such implementation as well as a statistical analysis of the disposition of civil cases conducted pursuant to the provisions of this act which indicate, for each district court and superior court in Norfolk and Middlesex counties, the total number of cases entered, the number of cases disposed before trial, the number of cases tried by a jury of six, the number of cases tried by a court without a jury and the average time between entry and disposition of cases in each such category.