The Massachusetts Trial Court solicits comments on proposed amendments to Rules 1, 2, 3, 4, 6, 7, 8, 10, 11, and 12 of the Uniform Summary Process Rules (“USPR”), Trial Court Rule I, on or before October 3, 2025.
In 2018, the Trial Court established an inter-departmental committee (“Summary Process Committee”) comprised of judges, clerks, and administrators from the Housing Court, District Court, Boston Municipal Court, Superior Court, and the Executive Office of the Trial Court to simplify and standardize residential summary process procedures.
In March 2020, the Summary Process Committee submitted its final report, recommending a number of changes to Summary Process. The final report recognized that several of the Summary Process Committee’s recommendations would require amendments to the USPR. Later that year, challenges of the COVID-19 pandemic resulted in the formation of the Post-Pandemic Planning Committee (“PPP”), charged with ensuring the Housing Court’s safe and effective operations. During the pandemic, the Supreme Judicial Court approved the temporary suspension of the USPR and, pursuant to recommendations of the PPP and an interdepartmental group of subject matter experts (“SME group”), the Summary Process Committee’s recommendations were largely implemented through a number of standing orders as the Trial Court continued to adapt to the needs of the court and the public. During that time, legislative action also significantly impacted residential summary process. See G.L. c. 186, § 31; G.L. c. 239, § 15.
Now, the Trial Court has drafted these proposed amendments with the aim of uniting current practice, which is detailed in multiple standing orders, and the USPR.
Below are highlights of some of the most significant changes to the USPR. A link to a PDF containing the amended rules in full can be found at the bottom of this page.
Application
The Superior Court Department would be exempted from the new Rules. (Rules 1 and 2).
Filing a case
The “original” Summary Process Summons and Complaint is no longer required to initiate a summary process case. The Summary Process Summons and Complaint may be purchased in person or online (a/k/a “eSummons”—Housing Court only) and the eSummons satisfies the rule requirements. Filing of the Summary Process Summons and Complaint may be done in person, via first-class mail, or by e-filing (Rule 2).
The two-tier system
These amended rules codify the “two-tier system,” first recommended by the Summary Process Committee and adopted as a response to the COVID-19 pandemic. The “two-tier system” sets a time standard for the court to schedule a first-tier court event, and replaces the strict, rule-based scheduling scheme provided for by the current rules (i.e. Entry day Monday, followed by Trial on second Thursday or two weeks later upon filing a discovery demand). Among other specifically identified objectives, the first-tier court event represents an opportunity to review the status of the case with court staff and the opposing side, and allows for voluntary mediation or other alternative dispute resolution to aid in the disposition of the case. The plaintiff will receive notice of the first-tier court event and is responsible for serving said notice upon the defendant no later than fourteen days (14) before the first-tier court event. The plaintiff must file a return of service of the notice of first-tier court event (Rule 2). If the plaintiff has not filed the return of service then a default cannot enter against a defendant who does not appear at a first-tier court event. (Rule 10).
The Summary Process Answer, as well as Discovery demands, must be served and filed no later than three (3) business days before the initial first-tier court event (Rules 3, 7). A Discovery demand no longer results in an automatic two (2) week postponement of the trial. (Rule 7). A jury trial demand must be made on or before the date the Answer is due (Rule 8).
If a case is not resolved after the first-tier court event, and no jury demand has been made, it shall be scheduled for a bench trial. If a jury demand has been made, the case will be scheduled for a case management conference (Rule 2).
All pretrial motion practice deadlines are set by rule. That is, pretrial motions served and filed at least seven (7) days prior to the next scheduled court event, will be heard at that court event. Motions filed within seven (7) days of the next scheduled court event will be scheduled for hearing at the discretion of the clerk (Rule 6).
Transfers
A notice of transfer to the Housing Court must be made no later than the day before the initial first-tier court event in the originating court. Once the transfer is accepted by the Housing Court, the Housing Court will schedule a first-tier court event (Rule 4). The due date for the Summary Process Answer, Discovery demands, and jury demand will then be three business days before the first-tier court event in the Housing Court (Rules 4, 7, 8).
Judgment & post-judgment
Judgments will be entered by the end of the next business day following the court’s decision, or following entry of default or dismissal. Default or dismissal may enter after any court event, including the first-tier court event and trial, for which the court notice includes warning of such a sanction for failing to appear. (Rule 10).
Hearings to set or waive an appeal bond will be promptly scheduled by the clerk of the court (Rule 12).
Comments
Comments should be directed to Alexandra Capachietti, Director of Legal Policy at alexandra.capachietti@jud.state.ma.us or by U.S. Mail to Alexandra Capachietti, Director of Legal Policy, Executive Office of the Trial Court, 1 Pemberton Square, Boston, MA 02108. Comments received may be made available to the public.
The deadline for submitting comments is Friday, October 3, 2025.