Session Laws

Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:

SECTION 1. Chapter 231 of the General Laws is hereby amended by inserting after section 59F the following section:-

Section 59G. After notice of judgement a judgement of dismissal for failure to file a timely request for trial entered in an action in the district court shall be vacated upon the filing of a motion therefor within thirty days from entry of said judgement together with a request for trial. Such vacation of judgement shall take effect upon the filing of such motion and request for trial, and upon such vacation the original date of commencement of such action shall control for the purpose of determining compliance with time limitations for actions set forth in chapter two hundred and sixty. The term "district court" as used in this section shall include the Boston municipal court department and any division of the district court department.

SECTION 2. Notwithstanding the provisions of any other general or special law to the contrary, no action duly commenced in the district court within the time limits set forth in chapter two hundred and sixty of the General Laws shall be barred from being recommenced thereafter by reason of having been dismissed for failure to file a timely request for trial, where such dismissal was entered on or after August first, nineteen hundred and eighty-nine and before the effective date of this act. The term "district court" as used in this section shall include the Boston municipal court department and any division of the district court department.

SECTION 3. This act shall take effect upon its passage.