Rule 43

 

Massachusetts Superior Court Rule 43: Hearing in One County of Cases from Another

[Disclaimer]

In addition to special provisions in these rules for the hearing in one county of cases pending in another, the court reserves the right at its discretion to order the hearing in one county of any non-jury matter or any motion or other interlocutory matter pending in another, subject to the provisions of the second paragraph of Rule 46.

A justice may transfer summarily in his discretion to any other justice in any county any non-jury matter or any motion or other interlocutory matter before him which concerns action previously taken by such other justice, the latter consenting.

When a motion, notice or other interlocutory matter, or a non-jury case, is placed upon a list or made returnable in one county when it is pending in another, the party, if any, at whose application it was so placed or made returnable, and otherwise the plaintiff, shall seasonably notify the clerk in such other county of the date of hearing, and such clerk shall transmit the files in the case to the clerk at the place of hearing. If such files are not received before the date set for hearing, the court need not hear the matter.

(Applicable to civil actions)

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