AN ACT RELATIVE TO THE ENTRY OF JUDGMENT IN CERTAIN ACTIONS.
Be it enacted by the Senate and House of Representatives
in General Court assembled, and by the authority of the same,
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
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.