Structure of Court System

The Massachusetts Court System consists of the Supreme Judicial Court, the Appeals Court, the Executive Office of the Trial Court, the 7 Trial Court departments, the Massachusetts Probation Service, and the Office of Jury Commissioner. Civil matters are primarily handled by three trial court departments, the Superior Court, the District Court, and the Boston Municipal Court (all of which also handle criminal matters).

As of January 1, 2020, the procedural minimum for damages sought in connection with filing a civil action in Massachusetts Superior Court increased to $50,000. If a party elects to appeal the judgment of a Superior Court action, a notice of appeal in the Superior Court Clerk’s Office must be filed within 30 days of the entry of the judgment or final order on the docket of the Superior Court. The appeal from the Superior Court is taken to the Massachusetts Appeals Court, with the final appeal taken to the Supreme Judicial Court.

As of January 1, 2020, the procedural limit for damages sought in connection with filing a civil action in Massachusetts District Court and the Boston Municipal Court increased to $50,000. If a party elects to appeal the judgment of a District Court action, a notice of appeal in the District Court Clerk’s Office must be filed within 10 days of the entry of the judgment or final order on the docket of the District Court. The appeal from the District Court is taken to the Appellate Division of the District Court, under the Appellate Division’s Rules of Procedure. Further appeal from the Appellate Division of the District Court can taken to the Massachusetts Appeals Court, with the final appeal taken to the Supreme Judicial Court.

The Boston Municipal Court Department handles civil and criminal cases across eight divisions in the City of Boston. The Boston Municipal Court acts separately from other District Courts. If a party elects to appeal the judgment of a Boston Municipal Court action, a notice of appeal from the Boston Municipal Court decision must be filed with the Boston Municipal Court Clerk’s Office within 10 days of the entry of the judgment or final order on the docket of the Boston Municipal Court. The appeal from the Boston Municipal Court is taken to the Appellate Division of the Boston Municipal Court, under the Appellate Division’s Rules of Procedure. Further appeal from the Appellate Division of the Boston Municipal Court can be taken to the Massachusetts Appeals Court, with the final appeal taken to the Supreme Judicial Court.

Basis of Jurisdiction

The Massachusetts Superior Court has original jurisdiction in civil actions with alleged damages greater than $50,000, and in matters where equitable relief is sought.

The Boston Municipal Court and Massachusetts District Courts have original jurisdiction in civil actions with alleged damages less than $50,000, and small claims actions with a damages cap of $7,000.

Commercial Courts

The Massachusetts Superior Court, District Court, and the Boston Municipal Court all hear commercial disputes throughout the Commonwealth of Massachusetts. Only the Suffolk County Superior Court has a specialized session dedicated to hearing commercial disputes in civil matters. The Business Litigation Session of the Suffolk Superior Court (BLS) provides a forum for business and commercial disputes. Because both BLS sessions are located in Boston, there must be venue in Suffolk County, or a waiver of venue in order for civil cases to proceed in the BLS. The BLS consists of two full-time sessions committed to the timely and efficient resolution of commercial disputes and other complex cases with judges experienced in presiding over commercial disputes.

Categories of cases heard in the BLS include complex construction disputes, design professional malpractice claims, shareholder derivative claims, business torts, intellectual property, insurance coverage disputes, mergers and acquisitions, and employment agreements. An appeal from the BLS is taken to the Massachusetts Appeals Court, with the final appeal taken to the Supreme Judicial Court.

Mediation

The Massachusetts Trial Court offers Alternative Dispute Resolution (ADR) to facilitate resolution of civil claims in advance of trial. The Massachusetts Trial Court offers court-connected ADR, both with sitting judges, retired judges and attorney volunteers. Some Massachusetts counties offer ADR services free of charge, while other counties offer ADR services free of charge upon demonstration of financial hardship. With the increased use of Zoom technology during the COVID-19 pandemic, the Superior Court Department has begun to offer Zoom mediations in connection with its ADR services.

Under Massachusetts Superior Court Rule 20(2)(b), the Superior Court also offers “[e]arly, non-binding judicial assessment of the case. The judge who conducts any such assessment will consider whether disqualification as to subsequent matters in the case is appropriate.” A non-binding judicial assessment is free of charge to the parties, but does require all parties to assent to the request for a non-binding judicial assessment.