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Massachusetts Superior Court Standing Order 1-86: Transfer Procedure Under G.L. c.231, ยง 102C and Superior Court Rule 29 (Amended)

(Applicable to All Divisions)

[Disclaimer]

In order to promote an orderly and effective transfer procedure pursuant to the provisions of G.L. c. 231, s. 102C, as amended by St. 1986, c. 278, it is hereby ordered that, effective forthwith, the following procedures shall be applicable to all civil actions sounding in tort or contract except as jurisdictionally precluded:

1. If, after entry of Complaint and Answer, a Statement of Damages, where applicable, is not filed, the Clerk-Magistrate shall transfer an action as provided in Superior Court Rule 29(5)(c). The Clerk-Magistrate shall transfer an action where a Statement of Damages is filed and in which the damages claimed are less than twenty-five thousand ($25,000) dollars.

2. The Regional Administrative Justice shall review (or in the alternative, may designate an Assignment Session Justice for the conduct of civil business for each county to review), for purposes of transferring same, the Statement of Damages filed pursuant to Superior Court Rule 29 and pleadings in each tort or contract action (except as otherwise precluded) filed in, or removed from, the District Court or Boston Municipal Court Departments not later than the sixth month preceding the month of examination.

3. Should the Statement of Damages filed not specify in full and itemized detail the facts upon which the plaintiff relies as constituting money damages or it appears not withstanding the representations made in any statement of damages that there is no reasonable likelihood that recovery will exceed twenty-five thousand ($25,000) dollars if the plaintiff prevails, the Assignment Session Justice shall order the action transferred as provided for in Superior Court Rule 29(5)(c).

4. A motion to revoke an Order of Transfer shall be in writing and shall set forth, where appropriate, a statement specifying in full and itemized detail the facts upon which the moving party then relies in support of the motion to revoke an Order of Transfer. Motions (or oppositions thereto) shall be submitted for decision on briefs or memoranda, without personal appearance by counsel or oral argument for or against the allowance of the motion. It shall be the responsibility of the Clerk-Magistrate to advise the Regional Administrative Justice of the pendency of such motions. The Regional Administrative Justice shall act on all motions to revoke an Order of Transfer.

5. The Regional Administrative Justice shall inform the Chief Administrative Justice of the Trial Court and the Administrative Justice of the Superior Court Department monthly of the status of the transfer activity for that region.

Adopted February 1, 1988.