In an issue evaluating procedures at the trial court level, the Massachusetts Supreme Judicial Court recently held that General Law c. 218, Section 19A restricts a District or Boston Municipal Court from looking beyond an initial statement of damages when determining if there is a reasonable likelihood that the plaintiff’s recovery will exceed $50,000.
Rather, the state high court concluded that the statute, which pertains to the statement of facts in support of civil action for damages, requires the trial court to consider the nature of the action and the complaint. The action for damages “may proceed” in the District and Boston Municipal Courts, rather than in Superior Court, if there is no likelihood that recovery will exceed $50,000, the a May 20 opinion said.
