Mass. R. Civ. P. 1

History

Reporter's notes (2016) The amendment to Rule 1, adopted from the Federal Rules of Civil Procedure, changed the second sentence of the first paragraph so that it reads: "They [the Massachusetts Rules of Civil Procedure] should be construed, administered, and employed by the court and the parties to secure the just, speedy, and inexpensive determination of every action and proceeding." The purpose of the change was to acknowledge that both the court and the parties have the obligation to employ the rules for the purposes set forth. (2008) The definition of "Municipal Court of the City of Boston" has been amended in light of legislation in 2003 transferring various Divisions of the District Court Department located in Suffolk County to the Boston Municipal Court. See G.L. c. 218, s. 1 and G.L. c. 218, s. 50. Whenever the term "District Court" is used in the Massachusetts Rules of Civil Procedure, the reference is to be construed as including the Boston Municipal Court, unless "the context means something to the contrary." Mass. R. Civ. P. 1, sixth definition. (2007) The 2007 amendments to Rule 1 make the Massachusetts Rules of Civil Procedure applicable to proceedings in the Juvenile Court where equitable relief is sought. For example, a civil action brought in the Juvenile Court seeking specific performance of a post-adoption contract (G. L. c. 210, s. 6D) will be governed by the Massachusetts Rules of Civil Procedure. (1996) With the merger of the District/Municipal Courts Rules of Civil Procedure into the Massachusetts Rules of Civil Procedure in 1996, minor changes have been made to Rule 1 with the addition of references to the District Court and to the Boston Municipal Court. (1973) This rule is substantially the same as Federal Rule 1, substituting Massachusetts references for those of the United States. The rules apply to cases at law or in equity. (See Rule 2 for merger of law and equity.) The reference in Rule 1 to cases at law or in equity in no way attempts to enlarge the jurisdiction of any court. In cases of concurrent jurisdiction, the litigation is controlled by the rules applicable in the court where the action rests. Thus an action for divorce which is triable in either the Probate Court or the Superior Court, is, when commenced in the Superior Court, controlled by these rules, even though if, had it been commenced in the Probate Court, it would be controlled by the extant Probate Court rules. Cases involving switches between the Superior Court and a district court or the Boston Municipal Court are governed by Rule 81(f) and 81(g). See also Rule 13(j). Amended June 27, 1974, effective July 1, 1974 Amended November 9, 1979, effective January 1, 1980 Amended December 13, 1981, effective January 1, 1982 Amended effective June 8, 1989 Amended effective July 1, 1996 Amended April 5, 2007, effective June 1, 2007 Amended November 28, 2007, effective March 1, 2008 Amended June 29, 2016, effective August 1, 2016