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THE SUPREME JUDICIAL COURT IS SOLICITING AMICUS BRIEFS OR MEMORANDA FROM
INTERESTED PARTIES IN THE FOLLOWING MATTER PENDING BEFORE THE COURT.
ARGUMENT WAS HEARD ON MAY 10, 2007.
AMICUS SUBMISSIONS ARE DUE ON OR BEFORE JUNE 29, 2007.

SJC-09698
Paul Sperounes v. Alfred Paul Farese

This case involves construction of the 2004 amendments to G. L. c. 218, §§ 19 and 19A, see St. 2004, c. 252, §§ 5 and 6, which govern the amount-in-controversy requirements of the District Court and Boston Municipal Court departments.

Among the issues involved are whether, in a civil action for damages commenced in the District Court or the Boston Municipal Court where "there is no reasonable likelihood that the estimated damages will be consistent with the civil money damage limits of the court [$25,000]", G. L. c. 218, § 19A(b), (1) a judge has the discretion to retain the case if a defendant moves to dismiss it; (2) if no party objects, a judge has the discretion to retain the case, and if so, in what circumstances; (3) if no party objects, a judge has the discretion to dismiss or transfer the case to the Superior Court, and if so, in what circumstances; and (4) a defendant who objects to a judge's decision to retain a case in the District Court or Boston Municipal Court where "there is no reasonable likelihood that the estimated damages will be consistent with the civil money damage limits of the court [$25,000]" can obtain appellate review of the judge's negative decision, and if so, pursuant to what procedure.

Interested parties may file their briefs in the Office of the Clerk for the Commonwealth, John Adams Courthouse, Suite 1-400, Pemberton Square, Boston MA 02108-1724 (Telephone 617-557-1020). Parties filing amicus briefs are expected to comply with the requirements of Rules 17, 19 and 20 of Mass. Rules of Appellate Procedure. Amicus briefs, to assist the court, should focus on the ramifications of a decision and not solely on the interests of the parties filing such briefs. 

Susan Mellen, Clerk

May 14, 2007