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Massachusetts Superior Court Rule 35:
Certificates of Readiness and Trial Lists

[Disclaimer]

Not sooner than six months after the commencement of any action filed on or before June 30, 1988, a Certificate of Readiness may be filed by any party and joined in by any other party interested. If any parties interested have not joined in the Certificate of Readiness, the Certificate shall be served forthwith by the party or parties filing the Certificate on all other parties interested.

The Certificate of Readiness shall be in substantially the following form:

"The undersigned party or parties to this action request that the action be placed on the trial list for the week of ______, 19___ , and hereby certify as follows:

1. All pleadings and discovery have been completed.

2. No pretrial motions are pending.

3. I/We intend an actual trial and agree to be ready therefor when reached on the first trial day of the week designated above and continuously thereafter until reached for trial.

DATED: ______, 19__

__________________________
Attorney for

__________________________
Attorney for

Within ten days after the filing of a Certificate of Readiness, any other party interested may move that the action shall not be placed on the trial list. Any such motion shall be accompanied by a certificate specifying the particulars in which the action is not ready for trial, and if a hearing is deemed necessary, the court will set the date and time and notify the parties in accordance with Superior Court Rule 9A.

Short trial lists of cases filed on or before June 30, 1988, shall be made by the clerk under the direction of the justice having direction of the lists and shall be mailed to all counsel of record in the cases thereon; but failure to receive such a list shall not be a sufficient excuse for ignorance that a case appears thereon.

The lists, assignment of cases, and other administrative matters in civil jury actions shall be subject to the direction of the justice having direction of the lists, except when a different justice is assigned by the chief justice by special or general order.

Except in Suffolk, when separate sessions for or including civil jury business are held simultaneously in the same shire town, the list, assignment of cases and other administrative matters shall be subject to the direction of the justice sitting in the first session, except when a different justice is assigned by the chief justice by special or general order.

(Applicable to civil actions pending on June 30, 1988)

As amended effective September 15, 1976; and July 21, 1988, effective October 3, 1988.