[Disclaimer]
A party desiring a hearing in Hampden upon a motion or other interlocutory matter in any action pending in Berkshire, Franklin or Hampshire, or upon the merits in an action pending in any of said counties, may place the case on the list for such hearing in Hampden by filing the written agreement of all parties interested provided for by Rules 37 and 38, as though the case were pending in Hampden; or he may file a written application for such hearing in Hampden with the clerk in the county in which the case is pending, who shall transmit the same to some justice residing in, sitting in or assigned to sit in one of said four counties, who may appoint a time for hearing the same before himself or at some session held or to be held in one of said four counties by himself or some other justice, and order notice to the adverse party to appear and show cause why such application should not be granted. The justice presiding at such hearing, 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 or such action placed upon a list in Hampden.
(Applicable to civil actions)
