# Mass. Trial Ct. Rule 8: Rule 8. Jury Trial

> Massachusetts · Court rules · In force

URL: https://www.frixlaw.com/law-library/statutes/SRULES_MA_MTCR_uniform_summary_process_R8

## Section

- **Citation:** Mass. Trial Ct. Rule 8
- **Heading:** Rule 8. Jury Trial
- **Jurisdiction:** Massachusetts
- **Kind:** Court rules
- **Status:** In force
- **Text as of:** August 14, 2026
- **Source:** Compiled text
- **Location:** Massachusetts Court Rules / Massachusetts Trial Court Rules / uniform-summary-process / Mass. Trial Ct. Rule 8

## Text

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.

## Nearby sections

- [Mass. Trial Ct. Rule 1 Rule 1. Scope and applicability of rules](https://www.frixlaw.com/law-library/statutes/SRULES_MA_MTCR_uniform_summary_process_R1.md)
- [Mass. Trial Ct. Rule 2 Rule 2. Form of Summons and Complaint; Entry of action; Scheduling of trial date; Service of Process](https://www.frixlaw.com/law-library/statutes/SRULES_MA_MTCR_uniform_summary_process_R2.md)
- [Mass. Trial Ct. Rule 3 Rule 3. Answer](https://www.frixlaw.com/law-library/statutes/SRULES_MA_MTCR_uniform_summary_process_R3.md)
- [Mass. Trial Ct. Rule 4 Rule 4. Transfer of action](https://www.frixlaw.com/law-library/statutes/SRULES_MA_MTCR_uniform_summary_process_R4.md)
- [Mass. Trial Ct. Rule 5 Rule 5. Counterclaims](https://www.frixlaw.com/law-library/statutes/SRULES_MA_MTCR_uniform_summary_process_R5.md)
- [Mass. Trial Ct. Rule 6 Rule 6. Motions](https://www.frixlaw.com/law-library/statutes/SRULES_MA_MTCR_uniform_summary_process_R6.md)
- [Mass. Trial Ct. Rule 7 Rule 7. Discovery](https://www.frixlaw.com/law-library/statutes/SRULES_MA_MTCR_uniform_summary_process_R7.md)
- [Mass. Trial Ct. Rule 8 Rule 8. Jury Trial](https://www.frixlaw.com/law-library/statutes/SRULES_MA_MTCR_uniform_summary_process_R8.md)
- [Mass. Trial Ct. Rule 9 Rule 9. Equitable relief](https://www.frixlaw.com/law-library/statutes/SRULES_MA_MTCR_uniform_summary_process_R9.md)
- [Mass. Trial Ct. Rule 10 Rule 10. Entry of default; Entry of dismissal; Entry of judgment after trial, default or dismissal; Notice](https://www.frixlaw.com/law-library/statutes/SRULES_MA_MTCR_uniform_summary_process_R10.md)
- [Mass. Trial Ct. Rule 11 Rule 11. Relief from judgment](https://www.frixlaw.com/law-library/statutes/SRULES_MA_MTCR_uniform_summary_process_R11.md)
- [Mass. Trial Ct. Rule 12 Rule 12. Appeals](https://www.frixlaw.com/law-library/statutes/SRULES_MA_MTCR_uniform_summary_process_R12.md)
- [Mass. Trial Ct. Rule 13 Rule 13. Execution](https://www.frixlaw.com/law-library/statutes/SRULES_MA_MTCR_uniform_summary_process_R13.md)

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Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/SRULES_MA_MTCR_uniform_summary_process_R8. Check the current official text before relying on it. Not legal advice.