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Superior Court Rules

Standing order

Superior Court Rules Superior Court Standing Order 1-82: Chapter 231, Section 60B, of the General Laws-Medical malpractice action against provider of health care

Courts: Superior Court
Effective Date: 12/05/1994
Updates: Adopted October 20, 1982, effective November 1, 1982 Amended August 25, 1988, effective October 1, 1988
Amended effective December 5, 1994

Rescinded and replaced by Rule 73effective January 1, 2018

Amended  

Applicable to all counties

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Standing order 1-82

In order to expedite the handling of medical malpractice tribunals pursuant to G.L. c. 231, s. 60B, it is hereby ORDERED, effective November 1, 1982, that:

  1. Whenever an action for malpractice, error, or mistake against a provider of health care, as defined in the statute, has been entered in the office of a Clerk-Magistrate of the Superior Court (in Suffolk County the Clerk-Magistrate for Civil Business), the Clerk-Magistrate shall, upon the filing of the defendant's answer, forthwith notify in writing the applicable Regional Administrative Justice, enclosing a copy of the complaint and answer.
  2. Thereafter, the Regional Administrative Justice shall designate a justice sitting within his region as a single justice to convene a medical malpractice tribunal.
  3. With respect to such medical malpractice tribunals, three copies of the plaintiffs offer of proof (G.L. c. 231, s. 60B, para. 1) shall be filed with the Clerk and a copy provided to the defendant(s) not less than five (5) days prior to the date of the hearing before the tribunal.
  4. Unless otherwise specifically ordered by the Regional Administrative Justice, the single justice designated by the Regional Administrative Justice to convene a medical malpractice tribunal shall retain jurisdiction of the case as to the hearing by the tribunal until the tribunal has made its finding. Such continuing jurisdiction shall include and comprehend retention of the papers by the designated justice upon leaving the county in which the action is pending and, if necessary, a return by the justice to that county for the purpose of conducting the tribunal hearing.

This standing order supercedes Standing Order No. 1-82, dated October 20, 1982.

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Updates: Adopted October 20, 1982, effective November 1, 1982 Amended August 25, 1988, effective October 1, 1988
Amended effective December 5, 1994

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