Rice v. Finnegan

This case presents the somewhat complex issue of whether the filing of a motion for a new trial pursuant to Mass. R Civ. P. 59(a) and a motion to alter or amend judgment pursuant to Mass. R Civ. P. 59(e) tolls the time for retransfering a case to the Superior Court Department pursuant to General Laws, Chapter 231, Section 102C.

From the Report we learn that the plaintiff commenced an action for malicious prosecution against each of the defendants in the Superior Court Department. The Superior Court Department remanded the case to the Fitchburg Division of the District Court Department pursuant…