Nett v. Bellucci

Summary

The Massachusetts Supreme Judicial Court answered certified questions concerning when an action is commenced for purposes of Massachusetts medical-malpractice statutes of repose when a plaintiff seeks leave to amend a complaint to add a defendant. The court held that the operative date is the filing of the motion for leave to amend, rather than the later filing of the amended complaint after leave is granted. It further held that compliance with local filing rules is not required so long as the motion is accepted for filing within the repose period.

Holdings

1. The operative date for commencement is the date the plaintiff files the motion for leave to amend the complaint to add the party, not the later date on which leave is granted or the amended complaint is filed, provided the motion describes the action being brought or attaches a proposed amended complaint.
2. The policies underlying Massachusetts statutes of repose do not require strict enforcement of local filing rules when the motion for leave to amend was accepted for filing within the repose period; a court may exercise discretion to excuse the noncompliance.

Questions Presented

1. For purposes of Massachusetts statutes of repose, whether an action against a new party added by amendment is commenced when the plaintiff files a motion for leave to amend or only when the court grants leave and the amended complaint is filed.
2. Whether the policies underlying Massachusetts statutes of repose require strict compliance with local rules governing motions for leave to amend, or permit a court to excuse noncompliance when the filing was accepted within the repose period.

Disposition

other