The major difference for the Barnstable Probate and Family Court is in the scheduling of Motions. Commencing May 3, 2010, lawyers and litigants shall no longer call the trial assignment department to schedule a Motion. Judge Scandurra and Judge Ryley will both hear Motions on Mondays, Thursdays, and Fridays at 8:30 a.m., and lawyers and Pro Se litigants shall choose the date of their Motion themselves, and schedule their Motion on a Monday, Thursday or Friday, provided that the proper notice has been given to the other side  pursuant to the Rules of Procedure. The scheduling of the motion shall be accomplished by the moving party mailing a letter to the Court with the chosen date, with a copy of the letter being mailed to the opposing party. Please also note that if your case is scheduled for a Pre-Trial Conference (which are usually heard on Wednesdays) you may schedule a motion to be heard at the same time as the Pre-Trial Conference.  

However, the Scheduling Practices do provide that in the discretion of the First Justice of the Court, an individual judge may from time to time as circumstances warrant, limit the number of Motions that may be scheduled on a particular day.  In other words, there may be times when the number of Motions per day must be limited in order to ensure the allocation of sufficient time to adequately hear each case.  This may mean that an attorney or litigant will be called by the trial assignment department requesting the parties to choose another Motion date. The lawyer or litigant scheduling the Motion will be encouraged by the Court to choose a mutually agreeable date with the opposing  party.