Bill > H1912

This bill modifies the procedures for transferring certain legal actions to the Land Court's permit session, a specialized court division that handles specific types of property and land-related cases. Under the new provisions, any action within the permit session's jurisdiction that was not originally filed in that session can be transferred by any party filing a notice demonstrating compliance with jurisdictional requirements within 30 days after the complaint is served on the last defendant. The transfer notice must include a brief explanation of the permit session's jurisdiction and confirm there is no valid jury trial claim. Upon filing the transfer notice, the original court must suspend all responsive pleading timelines and stop processing the case. The Land Court can then review the transferred case and may, within 30 days, issue a remand order sending the case back to the original court, but only with specific articulated reasons and good cause. If a party in the permit session claims a valid right to a jury trial, the case will be transferred to the superior court. Additionally, the bill makes a minor technical amendment to another section of law, changing a reference from "7" to "8" in an unrelated provision. The bill aims to streamline legal proceedings and provide clearer guidelines for transferring certain types of legal actions between court sessions.

Justice

https://malegislature.gov/Bills/194/H1912