Trial Court Rules
Uniform Summary Process Rules

Trial Court Rules  Uniform Summary Process Rule 8: Jury Trial

Effective Date: 09/01/1980

Note: Any provisions that are inconsistent with Housing Court, District Court, or Boston Municipal Court standing orders are suspended by Trial Court Administrative Order 21-2: Trial Court Order Suspending Certain Provisions of Trial Court Rule I: Uniform Summary Process Rules, effective June 15, 2021.

Table of Contents

Rule 8

The provisions of Mass. R. Civ. P. 38 shall apply insofar as jury trial is available in the court where the action is pending, provided that:

(1) in cases commenced in a court where jury trial is available, a demand for jury trial shall be filed with the court no later than the date on which the defendant's answer is due;

(2) in cases transferred from a court in which jury trial is not available to one in which jury trial is available, such demand shall be filed with the transfer form pursuant to Rule 4 of these rules; and

(3) in cases appealed to the Superior Court Department, such demand shall be filed within ten days of entry in the Superior Court.


Jury trials are available in summary process actions in the Superior Court Department (whether the action was commenced there or is there on an appeal from the District Court Department or the Boston Municipal Court Department) and in the Housing Court Department (whether the action has been commenced there or has been transferred there). This rule governs the time for filing the demand for jury trial in each such situation.

Determination of the issues in which jury trial is available and the procedures therefor are governed by Mass. R. Civ. P. 38, adopted by reference in this rule. It should be noted that jury trials in summary process actions are available in the Worcester Division and the Northern Essex Division (Haverhill) of the District Court Department pursuant to G.L. c. 218, §§ 19A and 19B, respectively.


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