Section 19A. (a) A clerk-magistrate in a district court or in the Boston municipal court shall not accept for filing any complaint or other pleading which commences a civil action for money damages, except as otherwise provided by law, unless it is accompanied by a statement signed by the attorney or pro se party. The statement shall specify the facts on which the plaintiff then relies to determine money damages. The defendant may file with his answer a statement specifying the potential damages which may result if the plaintiff prevails.
(b) If it appears to the court from the statement of damages by the plaintiff that there is no reasonable likelihood that the estimated damages will be consistent with the civil money damage limits of the court, as set forth in section 19, the judge, after receiving written responses from the parties and after a hearing, if requested by any party, may dismiss the case without prejudice for failure to comply with the requirements of said section 19 regarding the amount necessary for proceeding in the district court or Boston municipal court departments. The filing fee in the dismissed actions shall be retained by the court. If a civil action is dismissed in the superior court pursuant to section 3A of chapter 212, and the action is recommenced in the district court or Boston municipal court, those courts shall not require the payment of a new filing fee. If an action commenced in the district court or Boston municipal court departments is dismissed as provided herein and is recommenced in the superior court, the filing fee shall be reduced by the amount of the filing fee previously paid to attempt to commence the same action in the district court or the Boston municipal court. The procedures provided herein for dismissal of an action for violation of the requirements regarding the amount necessary to proceed in the district court or Boston municipal court departments under section 19 shall be the exclusive method by which the dismissal may be ordered. Violation of the requirements for proceeding in the district court or Boston municipal court departments shall not deprive the court of jurisdiction and shall not be grounds for any post-judgment relief in any case.
(c) In any case where a district court or the Boston municipal court dismisses the case as provided in this section, the plaintiff may take an appeal as hereinafter provided. The appeal shall be to a single justice of the appeals court at the next sitting thereof. Upon being notified of the dismissal, the plaintiff shall have 7 days thereafter to file a notice of appeal with the clerk of the dismissing court. Upon receipt of notice of appeal timely filed, the clerk shall forthwith notify the judge who ordered the dismissal. Within 3 days of receipt of the notice, the judge who ordered the dismissal shall set forth written findings and reasons justifying the dismissal, which findings and rulings shall be part of the record on appeal. The clerk shall forward the pleading which commenced the civil action, all statements by the parties, specifying in detail the potential damages if the plaintiff prevails, the judge's written findings and reasons justifying the dismissal and any other documents on file relevant to the appeal to the clerk of the appeals court. Upon receipt thereof, the clerk of the appeals court shall set the matter down for a speedy hearing and send notice to the parties. The court dismissing the case may, with or without motion, issue an order or process to preserve the rights of the parties pending the appeal. The single justice of the appeals court may enter or revoke that order or process. The decision of the single justice of the appeals court as to the dismissal shall be final.
(d) Notwithstanding chapter 260 or any other applicable statutes of limitation, in a civil action under this section in which a plaintiff's case has been dismissed as provided in this section, the plaintiff shall be given 30 days after the date of receipt of the notice of dismissal or, in the case of an appeal from the dismissal, 30 days after the date of receipt of notice of the decision of the single justice of the appeals court to file the case in the appropriate court; if the commencement of the dismissed case was within the applicable statute of limitations. The 30–day time limit in this section shall apply only when the time permitted under the applicable statute of limitations would have expired at any time from the original commencement of the action to the end of the 30–day period.
Structure Massachusetts General Laws
Part III - Courts, Judicial Officers and Proceedings in Civil Cases
Title I - Courts and Judicial Officers
Section 1 - Territorial Jurisdiction and Place of Holding Court
Section 2 - Boston Municipal Courts; Concurrent Jurisdiction Over Waters and Islands
Section 2a - Transfer of Civil Actions Brought in Wrong Court
Section 3 - Boston Municipal Courts; Concurrent Criminal Jurisdiction Over Waters and Islands
Section 4 - District Court Jurisdiction; Seals
Section 4a - Massachusetts Uniform Enforcement of Foreign Judgments Act
Section 5 - Contempt Cases; Service of Process
Section 6 - Justices; Number; Terms; Compensation; Duties
Section 7 - Oaths; Power to Administer
Section 8 - Clerks; Appointment; Number; Retirement; Vacation and Sick Leave
Section 10a - Deputy Assistant Clerks; Power to Designate
Section 11 - Temporary Assistant Clerks
Section 12 - Clerks; Oath of Office; Duties and Powers
Section 14 - Facsimile Signatures
Section 15 - Times for Holding Trials; Office Hours
Section 18 - Justices and Clerks; Receipt of Certain Fees; Prohibition
Section 19 - General Provisions
Section 19b - District Court or Boston Municipal Court; Trial by Jury of Six; Appeals
Section 19c - District Court Jurisdiction; Equity Powers and Rules
Section 19d - Housing Specialists; Appointment; Knowledge Requisites; Powers and Duties
Section 20 - Actions Against Executors and Administrators, and Against Bail
Section 24 - Transfer to Regular Docket
Section 25 - Costs; Discretion of Court
Section 26 - General Provisions
Section 26a - Trial by Jury; Discovery; Jury-Waived Trial; Record of Proceedings; Probation
Section 27 - Imposition of Penalties
Section 28 - Recognizances to Keep Peace
Section 30 - Binding Over to Superior Court
Section 32 - Complaints and Warrants
Section 32a - Inclusion of Offense-Based Tracking Number on Application for Complaint
Section 33 - Warrants and Process; Power of Clerks to Issue
Section 34 - Arrest Without Warrant; Endorsement of Complaint by Arresting Officer
Section 36 - Justice of Peace; Taking Bail
Section 38 - Access to Courts; Sittings; Adjournments; Filing of Complaints
Section 39 - Books and Supplies
Section 40 - Part-Time Special Justices; Authorized Cases
Section 41 - Special Justice; Powers and Duties
Section 42 - Adjournment When Justice Absent
Section 42a - Chief Justice; Powers and Duties
Section 42b - Deputy Court Administrator
Section 43 - Uniform Rules of Practice and Procedure; Power to Make and Promulgate
Section 43a - Uniform Practices; Forms; Superintendence of Record Keeping
Section 43b - Official Forms; Powers of Chief Justice
Section 43e - Community Mediation Advisory Board; Coordinator
Section 44 - Process; Formal Requisites; Territorial Jurisdiction
Section 47 - Clerks; Duty to Make Payments and to Account; Penalty
Section 48 - Sentences to Deer Island
Section 49 - Clerks; Duty to Pay Certain Fees; Advances; Accounting
Section 50 - Justices; Number; Vacation and Sick Leave; Rule Making Power
Section 51a - Chief Justice of the Boston Municipal Court Department; Powers and Duties
Section 52 - Justices and Special Justices; Assignment; Additional Sessions; Compensation, Etc.
Section 52a - Clerks; Criminal and Civil Business
Section 53 - Clerks and Assistant Clerks
Section 53a - Temporary Assistant Clerks
Section 54 - Civil Jurisdiction
Section 55 - Recording Systems; Stenographic and Medical Services and Equipment
Section 56 - Clerks; Accounting; Penalty
Section 57 - Juvenile Courts; Divisions; Territorial Jurisdiction; Appeals
Section 57a - Chief Justice for the Juvenile Court Department; Powers and Duties
Section 57b - Deputy Court Administrator for the Juvenile Court Department
Section 58 - Justices and Clerks; Assignment; Salaries; Vacation and Sick Leave; Interpreters
Section 58a - Administrative Assistant for Intergovernmental Relations
Section 58c - Special Justices of Juvenile Court
Section 59 - Powers, Duties and Procedure; Jurisdiction
Section 60 - Jurisdiction Over Offenders; Rule Making Power
Section 66 - Boston Municipal Court Department; Messenger
Section 67 - Boston Municipal Court; Interpreters
Section 68 - East Boston Division of the Boston Municipal Court Department; Interpreter
Section 69 - Clerks of Divisions of District Court Department; Allowance for Assistance
Section 70 - Clerks of Boston Municipal and Juvenile Court Departments; Allowance for Assistance
Section 74 - Monthly Installments
Section 75b - Salaries of Assistant Clerks of Boston Municipal Court Department
Section 79 - Salaries of Clerks
Section 80 - Compensation of Assistant Clerks; Practice of Law