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As a tenant in the Commonwealth of Massachusetts, you have the right to have your housing case heard by a jury of people in your community. This right is so important that it is part of our state constitution (Part I, Article XV). In a “summary process,” or eviction case, if you have the right to request a jury trial in the particular court you’re in (see below, “Where can I ask for a jury trial?”), you must request a jury NO LATER THAN YOUR ANSWER DATE. You can do this by checking the box on the end of your Answer form, or if the form you are using doesn’t have this section, simply by writing in in the words “Request for Jury Trial” underneath the title of the form (i.e. where it says “Answer & Counterclaims”) on the Answer Form you may be using.
1. What are the differences between a jury trial and a bench trial?
In a “bench” trial, a single judge hears your case and decides it. In a jury trial, a group of your peers - people in your community - listen to your case and decide it together. The judge tells the jury what the law is, and then the jury decides the case based on the facts that have been presented. You can ask the judge to instruct the jury in a certain way about what the law is, and if you don’t agree with how the judge instructs the jury on the law, you can object.
The court sometimes will also ask both sides, before a jury trial or bench trial, to agree to certain basic facts before trial even starts. These are called “stipulations.” Just be careful not to stipulate to anything that is not true (for example, an amount of rent that you have not agreed to).
2. How can I present my case to a jury if I don’t have a lawyer?Presenting your case involves telling your side of the story through your own testimony, and through any witnesses and other evidence (such as documents, photos, or inspection reports), as well as through “cross-examining,” or asking your own questions, of the landlord and any witnesses the landlord may have. This is basically the same whether you have a judge or a jury hearing your case. You can give an opening statement about your case to a jury, as well as a closing argument - and you can ask for this same opportunity at a trial before a judge.
Jury Trial Tip: When you finish presenting your side of the case, before the case goes to the jury, ask the judge to rule in your favor (simply say this to the judge or ask for a “directed verdict” in your favor based on the law and evidence). Otherwise, you give up the right to ask the judge to rule in your favor later, in case the jury decides against you.
3. How many people are on the jury?
Your jury would likely have either six or twelve people, and a few “alternates” are also included in case one of the jury members becomes sick or unavailable. Jurors have to be “impartial,” or fair: anyone who knows you or the landlord will not be allowed to hear the case. You can also ask the judge when the jury is being called to ask each potential juror certain questions about their opinions and experiences with rental housing to make sure they will decide your case fairly. In addition, you have the right:
• to strike (or keep off the jury) up to three jurors, without having to give any reason why, if you don’t think they’ll be fair to you (these are called “peremptory challenges”); and
• to ask the judge not to have certain jurors hear the case who, based on information they have written down or based on their answers to any questions the judge may ask, appear to be biased in some way (these are called challenges “for cause”).
4. What if I ask for a jury and then change my mind?
Once you’ve asked for a jury, technically speaking, the other side has to agree in writing to a trial before a judge instead. That means that even if you change your mind, it is possible (though unlikely) that the Landlord or his/her lawyer will hold you to your request. Most landlords probably prefer to have a judge hear their case because it takes less time (and may be less expensive for them if they have an attorney).
Remember: If you don’t ask for a jury by your answer date (in a court where you get a jury, that is), you lose your right to a jury!
5. Where can I ask for a jury trial?
If your case is in one of the “Housing Courts,” you can ask for a jury trial. If your case is in a “District Court” outside of Middlesex, Norfolk, Berkshire, or Essex County (such as Dorchester or East Boston District Court), you can’t ask for a jury trial there - but, because you do have the right to a jury, you still get a jury:
• If you decide to transfer your case to Housing Court, you can ask for a jury trial at the time of filing your Transfer form.
• If your case is heard in a District Court that does not have juries for eviction cases, then you can appeal and get a new trial with a jury in Superior Court. You must file a written demand for a jury trial within 10 days of the date the case is entered in the Superior Court.
6. When will my case go to trial?
Your case will either be heard on the trial date (usually a Thursday), or it may be rescheduled for a later date if a jury (or a judge) is not available to hear your case on that day. In addition, in a District Court in Middlesex, Norfolk, Berkshire, or Essex County, you will have a “pre-trial conference” with the judge before a jury trial. The court may ask for you to give the court before this conference a list of who you expect your witnesses to be, and other information.
Remember: Just because you checked off the box on your answer form asking for a jury doesn’t necessarily mean that the Court will have noticed. Before your trial starts, be sure to tell the Court that you have asked for a jury to hear your case (tell the clerk and/or the judge).
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