Massachusetts General Laws

Mass. Gen. Laws ch. 223, § 2B (2026)

Actions arising out of same accident or transaction pending in both superior and district courts; transfer to superior court

✓ current as of July 2026
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Section 2B. Whenever cross actions between the same parties or two or more actions, including for the purposes hereof other court proceedings, arising out of or connected with the same accident, event or transaction are pending, one or more in the superior court and also one or more in one or more district courts, the superior court, upon motion of any party to any of such actions, may order that the action or actions pending in the district court or courts, with all the papers relating thereto, be transferred to the superior court without the payment of any entry fee, or, with the consent of all principal parties to all such actions, may order that such actions be transferred without the payment of any entry fee to a designated district court in which any of such actions is pending.

Notes of Decisions
Cited in 9 cases, 1972–2017 · leading case: Salter v. Scott, 294 N.E.2d 219 (Mass. 1973).
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Salter v. Scott, 294 N.E.2d 219 (Mass. 1973). · cites it 4× “In 1969 the Superior Court ordered that the Municipal Court case be transferred to the Superior Court, pursuant to G. L. c. 223, § 2B, as amended by St. 1945, c.”
Kobayashi v. Orion Ventures, Inc., 678 N.E.2d 180 (Mass. App. Ct. 1997). “See G. L. c. 223, § 2B; Nautican Realty Co. v.”
Trenz v. Fam. Dollar Stores of Massachusetts, Inc., 900 N.E.2d 97 (Mass. App. Ct. 2009). · cites it 2× “The parties thereafter jointly moved for the summary process ac *611 tion to be transferred to the Superior Court and consolidated with the breach of contract action, pursuant to Trial Court Rule XII, Requests for Interdepartmental Judicial Assignments (1996), and G. L. c. 223,…”
Nautican Realty Co. v. Nantucket Shipyard, Inc., 545 N.E.2d 1177 (Mass. App. Ct. 1989). · cites it 2× “G. L. c. 223, § 2B, as amended by St. 1945, c.”
Rockland Trust Co. v. Langone, 75 N.E.3d 594 (Mass. 2017). “Although Rockland did not specify the appropriate mechanism, counsel appeal's to have been referring to G. L. c. 223, § 2B. Section 2B provides that the Superior Court “may” order the transfer of an action from the District Court if the actions are “between the same parties” and…”
Salter v. Scott, 48 Mass. App. Dec. 168 (Mass. Dist. Ct., App. Div. 1972). · cites it 2× “In March 1969 these actions were consolidated in the Superior Court in accordance with G.L. c. 223, § 2B. In May 1970 the consolidated cases were remanded to the Municipal Court of the City of Boston under the provisions of G.”
Clark v. Leasecomm Corp., 12 Mass. L. Rptr. 267 (Mass. Super. Ct. 2000). “Transfer of the pending District Court cases to this Court pursuant to G.L.c. 223, §2B, and consolidation with this case, could avoid any duplication or inconsistency.”
Compass Sec. Corp. v. Kaplan, 2011 Mass. App. Div. 194 (Mass. Dist. Ct., App. Div. 2011). · cites it 3× “This is an appeal of the involuntary dismissal, upon payment of sub *195 stantial costs, of a spin-off of a larger case still pending in the Superior Court Department As the Superior Court issued a G.L.c. 223, §2B order for the consolidation and transfer of this District Court…”
Indep. Park, Inc. v. Sentinel Prods., Inc., 2009 Mass. App. Div. 27 (Mass. Dist. Ct., App. Div. 2009). “related actions [pending in both District and Superior Court] heard by a single justice shall file a motion to transfer in the Superior Court Department pursuant to G.L.c. 223, §2B and then a motion to consolidate pursuant to Mass.”
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