Rule 44

 

Massachusetts Superior Court Rule 44: Hearing in Suffolk of Cases from Other Counties

[Disclaimer]

A party desiring a hearing in Suffolk, upon a motion or other interlocutory matter, or upon the merits in a non-jury action pending in any other county, may file a written application for such hearing in Suffolk with the clerk in such other county, who shall transmit the same to the Regional Administrative Justice, who may appoint a time for hearing the same and order notice to the adverse party to appear and show cause why such application should not be granted. The justice on proof of giving of notice, and after considering any reasons for or against the application presented to him or transmitted to him in writing, in his discretion may grant such application, and order such motion or other interlocutory matter placed upon a daily motion list, or such case placed on a weekly list for hearing on the merits.

A motion, notice or other interlocutory matter from a county other than Suffolk shall not be placed upon a Suffolk list for, or made returnable in Suffolk on, a day when a session for or including civil business without jury is then being held in the county where the case is pending, except with the consent of the Regional Administrative Justice; but if such a motion, notice or other interlocutory matter shall appear upon the list for, or be made returnable on, such a day, in conflict with this rule, the court in Suffolk may forthwith transfer the hearing to such session in such county. Furthermore, the court in Suffolk in its discretion may postpone the hearing of any motion, notice or other interlocutory matter from a county other than Suffolk, to a later session for or including civil business without jury in such other county.

(Applicable to civil actions)

As amended July 21, 1988, effective October 3, 1988

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