![]() ![]() Rule 38(b) includes language taken substantially from Super.Ct. Rule 38(a) substitutes Part 1, Article 15 of the Massachusetts Constitution for the "Seventh Amendment to the Constitution" and deletes the words "of the United States" after the word "statute". (1973) Rule 38 is substantially the same as Federal Rule 38. 218, §§ 19A and 19B (civil jury trials in Worcester and Haverhill). JMOL CIVIL PROCEDURE TRIALHowever, Rule 38 will apply in the District Court in those limited circumstances where trial by jury in civil cases is provided by statute. This is consistent with the approach taken by the now-repealed District/Municipal Courts Rules of Civil Procedure. (1996) The 1996 amendment to Rule 38 adds a new section (e), making the rule inapplicable to District Court proceedings. Thus, the provisions of Rule 38 governing the right to jury trial, demand, specification, and waiver, are applicable in the District Court. (2008) Rule 38(e), entitled "District Court," has been deleted, now that jury trials are available in the District Court under the statewide one-trial system, applicable to civil actions commenced on or after Aug( St.
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