Section 104A. In any action brought by or against two or more persons in which separate judgments are authorized by the District-Municipal Courts Rules of Civil Procedure, the party seeking removal may specify in his claim of trial by the superior court the parties as to whom such trial is claimed, in which case the cause shall be removed as to such parties only as are specified in such claim, and said district court shall retain jurisdiction as to the remainder. In such case the clerk shall transmit attested copies of the papers in the cause to the clerk of the superior court, in lieu of the originals.

Terms Used In Massachusetts General Laws ch. 231 sec. 104A

  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.
  • Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
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