(a) District and Boston Municipal Court Departments. In the District Court and Boston Municipal Court Departments, Rules 60 and 62(b) and (d) of the Massachusetts Rules of Civil Procedure, which deal with relief from judgment and stay of execution, respectively, shall apply to summary process actions; provided that relief under Rule 60(b) shall be available only in cases where the judgment has been entered on default or dismissal. In cases that have been heard on the merits, relief under Rule 60(b) shall not be available.
Effective September 1, 1980.
Section (a) of Rule 11 applies only to the District Court and Boston Municipal Court Departments. The right of an aggrieved party to a new trial on appeal provides the rationale for limiting the availability of relief under Rule 60 in those two Departments. See G.L. c. 231, § 97 .
Section (b) applies to the Superior Court and Housing Court Departments. An aggrieved party in those departments does not have a right to a new trial; instead the appeal is heard in the Appeals Court. See G.L. c. 239, § 5 .
It must be noted that the running of time for appeal in summary process actions is not affected by the filing of a motion under Rule 60 .