The provisions of Mass.R.Civ.P. 38 shall apply insofar as jury trial is available in the court where the action is pending, provided that:
Mass. Trial. Ct. R. 8
Commentary
Jury trials are available in summary process actions in the Superior Court Department (whether the action was commenced there or is there on an appeal from the District Court Department or the Boston Municipal Court Department) and in the Housing Court Department (whether the action has been, commenced there or has been transferred there). This rule governs the time for filing the demand for jury trial in each such situation.
Determination of the issues in which jury trial is available and the procedures therefor are governed by Mass.R.Civ.P. 38, adopted by reference in this rule.
It should be noted that jury trials in summary process actions are available in the Worcester Division and the Northern Essex Division (Haverhill) of the District Court Department pursuant to G.L. c. 218, §§19A and 19B, respectively.