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  • PART I ADMINISTRATION OF THE GOVERNMENT
  • TITLE XIII EMINENT DOMAIN AND BETTERMENTS
  • CHAPTER 79 EMINENT DOMAIN
  • Section 22 Pleading and procedure; entry of judgment

Section 22. A complaint brought under section fourteen shall name all parties adversely interested who are known to the petitioner, and process shall issue and service be made in accordance with the Massachusetts Rules of Civil Procedure. Any defense to the petition not relating to the amount of damages shall be pleaded within thirty days after the service of process; provided that no answer relating solely to the amount of damages shall be filed by any party and no person shall be defaulted for failure to enter an appearance. All matters pertaining to the litigation shall be heard by a judge in the superior court department, and there shall be one trial before a jury, unless all parties waive trial by jury and file a written agreement requesting a trial without a jury. Interrogatories may be filed with the same effect as in other civil actions. In case of trial by jury, if either party requests it, the jury shall view the premises. Judgment shall be entered and execution issued as in other civil actions, except that if final judgment is entered in favor of the plaintiff against the commonwealth for damages, the clerk of the superior court for the county where such judgment is entered shall, within seven days after the final disposition of the case and the expiration of all rights to appeal therefrom, transmit a certified copy of the docket entries and a certificate of such judgment showing the amount due from the commonwealth, to the comptroller who shall notify the governor. The governor shall draw his warrant for such amount on the state treasurer, who shall pay the same, with such interest as is authorized by section thirty-seven.