SENATE DOCKET, NO. 408        FILED ON: 1/29/2021

SENATE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 1069

The Commonwealth of Massachusetts

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PRESENTED BY:

Jason M. Lewis, (BY REQUEST)

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To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
Court assembled:

The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:

An Act reforming the judicial system.

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PETITION OF:

SENATE DOCKET, NO. 408        FILED ON: 1/29/2021

SENATE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 1069

[SIMILAR MATTER FILED IN PREVIOUS SESSION
SEE SENATE, NO. 974 OF 2019-2020.]

The Commonwealth of Massachusetts

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In the One Hundred and Ninety-Second General Court
(2021-2022)

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An Act reforming the judicial system.

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. The Massachusetts General Laws, Chapter 43B Rule 66 are hereby amended by striking out paragraphs (b), (c), (d), (e) and (f) of chapter 43B Rule 66. Justice must be sure for all, regardless of race, religion, gender or creed, or whether one is proceeding pro se (without an attorney).

SECTION 2. Notwithstanding any general or special law to the contrary, any rule issued to govern receivers that does not incorporate the rules that govern receivers in the Federal Rules of Civil Procedure Rule 66, or that expands or elaborates upon those provisions, is invalid.

The striking out of paragraphs (b), (c), (d), (e) and (f) of Massachusetts General Laws, Chapter 43B Rule 66 is required to bring the Massachusetts General Laws, Chapter 43B into conformity with the United States Constitution and the Bill of Rights by guaranteeing all people their right to defend themselves and their property in the Massachusetts court system. The United States and Massachusetts Constitutions are not a discretionary call but a guarantee of protection to all individual’s civil rights. The refusal of the court clerk or any party to a court action to produce vital records requested, action is automatically dismissed with no finding, to conform with Massachusetts Rule of Civil Procedure Rule 41 to guarantee documentation upon which any rulings are issued.