Standing order 1-83
In order to facilitate court case data collection and the transfer procedure in the Superior Court Department in the several counties of the Commonwealth pursuant to G.L. c. 231, s. 102C and Rule 29 of the Superior Court Department (1974) as amended, it is hereby ORDERED that:
- The Clerk-Magistrate of the Superior Court Department in each county shall make available a " Civil Action Cover Sheet ." Form MTC 002 shall be used for that purpose.
- The Clerk-Magistrate not accept for filing any Complaint or other Pleading (hereafter "Complaint") which commences a civil action unless accompanied by a Civil Action Cover Sheet completed and signed by the attorney or pro se party filing such pleading.
- The Clerk-Magistrate, however, is authorized to accept for filing a Complaint without a Civil Action Cover Sheet submitted therewith if the Clerk-Magistrate is satisfied by representation of the offering counsel or pro se party, by averments, in the Complaint, or otherwise, that the Statute of Limitations will run before the filing of the Civil Action Cover Sheet can be accomplished. In such event, the Civil Action Cover Sheet shall be filed within ten (10) days thereafter.
- Failure to file the Civil Action Cover Sheet within that time will result in the imposition by the court of sanctions in the form of costs.
- The Clerk-Magistrate is further directed to report periodically, in writing, to the Administrative Justice of the Superior Court Department, actions in which there has been a failure to comply with the notice to file a Civil Action Cover Sheet.
- The Clerk-Magistrate is authorized to rely upon the representations contained in a Civil Action Cover Sheet as to the amount of damages claimed or expected in determining whether to transfer civil actions to the District Court Department. The Clerk-Magistrate is further authorized to transfer to the District Court Department any Civil Action in which the Clerk-Magistrate finds that there is a willful failure to comply with the notice to file a Civil Action Cover Sheet.