By Mr. O'Flaherty of Chelsea, petition (accompanied by bill, House, No. 1665) of Eugene L. O'Flaherty relative to insubstantial, frivolous or bad faith claims in district and municipal courts.  The Judiciary.

The Commonwealth of Massachusetts

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PETITION OF:

Eugene L. O'Flaherty

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In the Year Two Thousand and Seven.

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An Act relative to insubstantial, frivolous or bad faith claims in district and municipal courts.

    Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:

SECTION 1.  Section 6E of chapter 231 of the General Laws, as appearing in the 2004 Official Edition, is hereby amended by striking out lines 3, 4 and 5, and inserting in place thereof the following:-

                “Court,” the supreme judicial court, the appeals court, the Boston municipal court, the district court, the housing court, the land court, and the superior court, and any judge or justice thereof;.

                SECTION 2.  The first paragraph of section 6G of chapter 231 of the General Laws, as so appearing, is hereby amended by inserting after the second sentence thereof the following sentence:-  If the matter arises in the district court or in the Boston municipal court, the appeal shall be to a single justice of the appellate division thereof.

                SECTION 3.  The second paragraph of section 6G of chapter 231 of the General Laws, as so appearing, is hereby amended by inserting after the fourth sentence thereof the following sentence:-  Any appeal to the appellate division of the district court or of the Boston Municipal court shall proceed in accordance with the District/Municipal Courts Rules for Appellate Division Appeal.