Proposed Amendments to Rule 65.1 of the Mass. Rules of Civil Procedure

The Standing Advisory Committee on the Rules of Civil Procedure solicits comments on proposed amendments on or before March 27, 2019.

The Standing Advisory Committee on the Rules of Civil Procedure (SAC) solicits comments on proposed amendments to Mass. R. Civ. P. 65.1, Security: Proceedings Against Sureties. The amendments would revise the title and the text of the rule to provide for enforcement proceedings against all security providers not just against sureties. Under Rule 62(b), on "such conditions for the security of the adverse party as are proper", the court may stay execution or any proceedings to enforce a judgment. Because a surety bond or other security may be used, the amendment to Rule 65.1 would allow enforcement proceedings to be brought against any security provider, whether or not a surety bond has been posted. A similar revision was made last year in the Fed. R. Civ. P.

The last sentence of the rule would also be amended to replace the word "mail" with the word "send". 

The proposed amendments and Reporter's Notes appear at the links below. Comments should be directed to Christine P. Burak, Supreme Judicial Court, John Adams Courthouse, One Pemberton Square, Boston, MA  02108 on or before March 27, 2019. Comments may also be emailed to christine.burak@sjc.state.ma.us. Comments received will be made available to the public.  

Proposed Amendments to Mass. R. Civ. P. 65.1

Proposed Amendments to Mass. R. Civ. P. 65.1 - redlined

Mass. Rules of Civil Procedure Rule 65.1 Proposed Reporter's Notes

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