Rule 4. Transfer of action

Rule 4

A party wishing to transfer a summary process action pending in another department to a division of the Housing Court Department pursuant to law shall do so by filing in both departments a completed transfer form provided by the clerk of the court where the action was commenced. The form shall be filed in both courts no later than the day before the commencement of the trial. The clerk of the court from which the case is transferred shall forward to the clerk of the appropriate Housing Court division all relevant papers within four business days from the receipt of the transfer form. No entry fee shall be charged upon such transfer. Upon receipt of a copy of this form, the clerk of the Housing Court division shall insure that the case is scheduled forthwith and shall notify the parties in any practical way thereof. A demand for jury trial, if any, pursuant to

Rule 8

of these rules, shall be made with the request for transfer.

Failure of a party to make a timely transfer as provided above shall not prohibit the court in which the action has been commenced from allowing such transfer on motion for cause shown at any time during the proceedings.

Commentary

This rule refers to transfer of summary process actions from the Superior, District and Boston Municipal Court Departments to the Housing Court Department at the request of any party, as permitted by

G. L. c. 185C, § 20

. The clerk of the Housing Court division should insure that the transferred case is scheduled for trial on a date that is convenient to the court and the parties and reasonably consistent with the time limitations in these rules; however, the clerk is not required to choose a Thursday, Friday, or Monday hearing date.

A party may transfer an action even though an answer was not timely filed.