Rule 8. Jury Trial

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.

Commentary

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.