Notice Inviting Comment
Proposed Revisions to Rule 52 of the Massachusetts Rules of Civil Procedure
The Supreme Judicial Court's Standing Advisory Committee on the Rules of Civil Procedure Invites Comments on Proposed Revisions to Massachusetts Rules of Civil Procedure
The Supreme Judicial Court's Standing Advisory Committee on the Rules of Civil Procedure ("Committee") invites comments on the following proposal to revise the Massachusetts Rule of Civil Procedure. The Committee welcomes all comments, and will make recommendations to the Supreme Judicial Court after reviewing the comments submitted.
Last year, the Committee published in Massachusetts Lawyers Weekly for public comment proposed amendments to the Massachusetts Rules of Civil Procedure. These amendments were needed in light of the adoption of the civil one-trial system for District Court and Superior Court actions. The proposed amendments did not include language that would have amended Rule 52 to require mandatory findings and rulings in jury-waived cases in the District Court and Boston Municipal Court. Mandatory findings and rulings are required under the existing language of Rule 52 for Superior Court jury-waived actions. After reviewing the comments received and discussing at length the various positions that supported, and opposed, mandatory findings and rulings, the Committee voted not to recommend mandatory findings and rulings in the District Court, and so advised the Supreme Judicial Court in its overall recommendation regarding amendments resulting from the one-trial legislation.
After reviewing the recommendation of the Committee, the Supreme Judicial Court adopted a position approving "mandatory findings of fact and rulings of law in the District Court only upon request of a party and only if the requesting party submits proposed findings and rulings." The Court has also decided to "require such proposed findings and rulings to be submitted no later than seven days after the hearing or trial." In response to a request from the Court, District Court Chief Justice Connolly has submitted to the Court proposed language that would implement this rule change. Chief Justice Connolly's proposed is now before the Standing Advisory Committee for its review and suggestions. The Standing Advisory Committee seeks public comment on the proposals of Chief Justice Connolly.
Comments should be directed to The Standing Advisory Committee on the Rules of Civil Procedure, c/o Christine P. Burak, Supreme Judicial Court, John Adams Courthouse, One Pemberton Square, Boston MA 02108 on or before July 11, 2007. Comments may also be sent to: firstname.lastname@example.org.
Proposed amendment to Rules of Civil Procedure