District/Municipal Courts Supplemental Rules of Civil Procedure

District/Municipal Courts Supplemental Rules of Civil Procedure  Rule 108: Trial day and trial lists

Table of Contents

Rule 108

A party desiring to place a case upon the trial list shall file with the clerk a request that the case be placed upon the trial list and a certificate of service of notice thereof on all other parties. The clerk shall give all parties entitled to be heard notice of such trial at least seven days before the trial day. No case shall be placed upon the trial list wherein issues have not been joined. The fact that interrogatories have not been answered or that a commission to take a deposition has not been returned or that a motion remains unheard, shall not prevent the placing of a case upon a trial or hearing list and shall not delay the trial or hearing, except by special order of the court.

Trial or hearing days for civil actions generally, or for particular matters, may be established by the several district courts or by the Boston Municipal Court, respectively.

The foregoing shall not be deemed to limit the authority of the court to assign matters for trial with such notice as the court may deem appropriate. Nothing in these rules shall prevent the court from postponing or specially assigning any case or continuing it to another day.

Causing a case to be placed upon a list for trial or hearing shall be representation that the party and counsel intends an actual trial or hearing and expects to be ready therefor when reached.


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