Bill > H1806

This bill amends Section 3A of Chapter 185 of the Massachusetts General Laws to streamline the process for transferring certain legal actions to the Land Court's permit session. Under the new provisions, any action within the permit session's jurisdiction that does not claim a jury trial can be transferred by filing a notice with the original court and the permit session within 30 days after the complaint is served. The transferring party must provide a signed notice explaining the grounds for permit session jurisdiction and confirming no jury trial is claimed, and must attach all existing case documents. Once the transfer notice is filed, the original court suspends all responsive pleading timelines and stops processing the case. The Land Court will then hear and decide the matter, with a 30-day window for parties to request remand back to the original court or for the Land Court judge to independently issue an order to show cause for remand. Remand can only occur upon good cause and with a detailed judicial ruling. If a party does claim a valid jury trial right, the case will be transferred to superior court instead. The bill explicitly preserves the Chief Justice of the Trial Court's existing supervisory powers.

Justice

https://malegislature.gov/Bills/194/H1806