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Probate and Family Court
Scheduling Practices and Procedures
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Purpose
To promote predictability and uniformity of practice to the mechanisms,
practices and procedures utilized for the scheduling of all types of
hearings in the Probate and Family Courts throughout the Commonwealth.
Applicability
These practices and procedures apply to all divisions of the Probate and
Family Court and are applicable in all cases, regardless of whether or
not
litigants are represented by counsel or self-represented.
Case Management
Pursuant to Standing Order 1-06, the Time
Standards of the Probate and
Family Court, all Domestic Relations and Equity cases shall be reviewed
120
days after the filing of the complaint to determine if service of
process has been made. If no service has been made a notice shall be
sent informing the Plaintiff that the case will be dismissed 21 days
after the date of the notice unless the Plaintiff files with the court
the return of service, or schedules a motion for an extension of time to
complete service.
If service has been accomplished and returned to the Court within the
requisite period of time, pursuant to Standing Order 1-06, section e., a
case
management conference will be scheduled by the court to be held on a
date
certain (approximately six weeks after the date upon which the return of
service is due) and specified in the notice.
(N.B. A scheduled case management conference may
be canceled if the
case is before the Court prior to the date scheduled for the case
management conference. Also, a joint stipulation may be filed by all
parties in lieu of appearing at a case management conference. This
process is detailed in Standing Order 1-06. The joint stipulation must,
upon receipt by the Court, be incorporated by a Judge into a formal
order).
Mandatory Next Event Scheduling
Pursuant to Standing Order 1-06, section 2.b.,
whenever a case is, for
whatever reason, in Court, if the proceeding before the Court does not
result in the matter being brought to final judgment, a next event date
will be issued, preferably after consultation with counsel and/or the
parties. The assigned date must be made before the parties leave the
courthouse. There are to be no exceptions to the issuance of a next
event date, unless the case already has a scheduled next event. In cases
where the parties have reached any out of Court agreement and have a
complete stipulation which the parties intend to have the Court
incorporate into an order, the case may not be released until: the case
has been given a next event date in the courtroom; the next event date
is in the stipulation; or, a future event date had previously been
scheduled. Cases referred to the Probation Department for Dispute
Intervention which result in a stipulation that does not require further
court appearance by the parties or their attorneys on that day, shall
include a next event date, if the case is not going to judgment or
decree. If the stipulation does not include a next event date, the case
must return to the courtroom to receive a next event date.
Scheduling of Motions
Any party may mark a motion for hearing, with proper service upon the
opposing party, for any date upon which the Judge to whom a case is
assigned, is sitting and generally hears motions, except as follows. In
the First Justice’s discretion, with the approval of the Chief Justice
of the Probate and Family Court, marking to a particular motion session,
in a particular division, may be limited, as justice requires. Any
limitation on motion sessions approved by the Chief Justice shall be
posted in the division (Registry of Probate and courtrooms) and on the
web site of the Probate and Family Court. In the First Justice’s
discretion an individual Judge may from time to time as circumstances
may warrant, limit the number of matters which may be scheduled on a
particular day.1
There shall be no restrictions on the number or timing of motions which
may be filed except as set forth above regardless of the nature of the
underlying complaint, except that all motions (and complaints for
contempt) shall be scheduled to be heard at the commencement of the
Court's day unless otherwise allowed by the Court, or advance permission
has been obtained from the Court to have a motion (or a contempt) heard
at another time during the day. In the Court’s discretion, motions that
are expected to require greater than 20 minutes of time before the Court
shall be specifically assigned by the Judge. The Court must be provided
with the motion, and notice of the date and time of the motion, at the
same time that the opposing party is given notice thereof. Advanced
permission to schedule a motion need not be obtained from the Court,
except as set forth above.
Exceptions to number and timing of motion scheduling.
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Dispositive Motions (i.e., Motion for Summary
Judgment) shall be
scheduled by the Judge assigned to the case. Motions for Summary
Judgment and responses must be filed with the Court in accordance
with Mass.R.Civ.P. 56 and Probate Court Rule 27C in advance of the
hearing.
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All ex-parte motions shall be reviewed, as directed
by the Court,
prior to presentment to a Judge. Any ex parte motion must be
supported by an affidavit setting forth the nature of the emergency
and shall be submitted in person. After review, such requests shall
be heard by the Court at an appropriate time during the course of a
judge's session.
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Motions for permission to file a complaint or
pleading must be
presented in person to the Court;
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Requests for a short order of notice must be
presented to the Court
in person, unless otherwise allowed by the Court.
Scheduling of Status and Pre-trial Conferences
If any action has not been before the Court, or for
whatever reason does not have a next event date scheduled, either party
may request that the case be assigned for a status conference or a
pre-trial conference. In such event, the Court, and not a party, shall
select the date (although a party may request a particular date or
dates).
When multiple pre-trial conferences are to be heard on
the same day, the
Court should stagger the scheduling of pre-trial conferences throughout
the day, for example, at 9:00 a.m., 10:30 a.m, 12:00 p.m., and 2:00 p.m.
Pre-trial
conferences shall be heard on the record in open session before the
judge to
whom the case is assigned. A pre-trial conference may be referred to a
Judicial Case Manager, Assistant Judicial Case Manager, or Probation
Officer in the discretion of the judge, with approval of the parties or
their counsel.
Continuances
Motions, case management conferences, contempts, reviews
and status
conferences may, for good cause shown, be continued at the joint request
(in
writing) of the parties to a date certain if the case does not already
have a next event date. Any such agreement to continue a matter may be
either presented in person or faxed to the Court (e-mailing not
permitted) prior to the date upon which the matter is scheduled to be
heard. The request for a continuance will be reviewed by the Court for
consideration. The Court reserves the right to deny any such request or
to require the parties (either or both) to appear before the Court
(either in person or by tele-conference) to present any such motion. It
shall be the responsibility of the parties to check with the Court,
prior to the day of the hearing, to assure that the request for a
continuance was granted as the case may be subject to dismissal, (if the
case does not already have a next event scheduled), or a party subject
to sanctions, for failure to appear should the request for a continuance
not have been granted.
Pre-trial conferences may, for good cause shown, be
continued once, by joint request, to a date certain, unless the Court
orders that there will be no continuances when the Pre-trial conference
is assigned.2
Any such agreement to continue a pre-trial conference may be either
presented in person or faxed to the Court (e-mailing not permitted)
prior to the date upon which the matter is scheduled to be heard. The
Court reserves the right to deny any such request or to require the
parties (either or both) to appear before the Court (either in person or
by tele-conference) and present any such motion. It shall be the
responsibility of the parties to check with the Court, prior to the day
of the hearing, to assure that the request for a continuance was granted
as the case may be subject to dismissal, or a party subject to
sanctions, for failure to appear should the request for a continuance
not have been granted. Any further requests to continue a pretrial
conference, whether by agreement or not, must be presented to the court
for hearing.
Any motion, even a joint motion, to continue a trial
date must be presented in person (teleconference, if
authorized by the Court, would constitute a personal appearance), and
should be presented to the Court at least 30 days prior to the trial
date, (except in emergency circumstances) with proper notice to the
opposing party. In accordance with Mass.R.Dom.Rel.P. 40 (b) and
Mass.R.Civ.P.40 (b), a motion to continue a trial may be allowed only
for good
cause shown.
Scheduling of Hearings on Uncontested Matters
The Court will hear any agreement or uncontested
pleading which results
in any complaint going to final judgment within thirty days of the
filing of the
pleadings or request for uncontested final hearing. Individual Divisions
may
adopt a policy to hear uncontested matters resulting in final judgment
on a walkin or expedited basis, but at a minimum, must establish
procedures to hear such uncontested matters within thirty days of filing
or request for hearing. Prior to the hearing, the case must have been
filed in the Registry to assure that all required paperwork is in the
file and then reviewed by a member of the Court staff for technical
sufficiency. Requests may be made to hear uncontested matters resulting
in final judgment in satellite sessions. Uncontested hearings for final
judgment shall be heard by the judge to whom the case is generally
assigned, with the exception of satellite sessions or if the case cannot
be heard by the assigned judge within thirty days of filing or request.
Contested Discovery Motions
The parties may, by agreement, or at the direction of
the Court be required
to submit any such motion, without hearing, to the Court for
determination on the pleadings and accompanying memoranda. After initial
review by the Judge who would be hearing the motion, on the day of
hearing, but prior to any appearance before the Court, the Judge may, in
his or her discretion, refer all contested discovery motions to the
Judicial Case Manager or to an Assistant Judicial Case Manager for
review and recommendations. Cases not resolved through this referral
shall be heard by the Judge. For Domestic Relations and Equity cases,
prior to any such hearing or submission, the parties must have complied
with the requirements of Mass.R.Dom.Rel.P 26(f) and submitted an
affidavit affirming such compliance.
Scheduling of Tele-Conferences
The use of tele-conferences is encouraged in the
following types of events:
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motions, in which participation of the litigants is
not required;
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discovery motions;
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case management conferences;
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status conferences; and,
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any other matter at the direction of, and in the
discretion of, the Court.
Any party seeking the participation at any proceeding of
an attorney,
litigant or witness via tele-conference must request permission for such
participation by motion, with proper notice to the opposing party or
parties, to be heard, or ruled upon, at least seven days prior to the
scheduled event, by the Court. These motions will be handled
administratively. If the Court approves the request, the Court will
notify the requesting party of the time of the hearing and the telephone
number to call.
Implementation and Effect
The provisions set forth in these Practices and
Procedures shall
supersede any local rules, practices, or promulgated procedures where
there is a conflict.
Download pdf of Probate and Family Court
Scheduling Practices and Procedures
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