A judge could exercise discretion to order that a case proceed to a jury trial notwithstanding that the plaintiff had not timely filed a written jury trial demand under Mass. R. Civ. P. 38(b), a panel of the District Court Appellate Division has found. The case before the panel began as a small claims action
Where a judge ordered a case to proceed to a jury trial, that order should be upheld, as the plaintiff’s written jury trial demand was not timely filed, but the judge was entitled to exercise his discretion and order that the case proceed to a jury trial. “This matter comes before us as an interlocutory