Gozzo v. Anglin

Under G. L. c. 218, § 24, and Rule 4 of the Uniform Small Claims Rules (1983), as interpreted in Daum v. Delta Airlines, Inc., 396 Mass. 1013 (1986), the defendant was entitled to allowance of his motion to transfer this small claims case to the regular District Court docket. “[A] judge should rarely, if ever, exercise his discretion to prevent removal.” Id. at 1014. In view of that strict standard for denial of a request for transfer to the regular docket, the judge should indicate why it is that the case falls into the exceptional category of those as to which removal may be denied. The…