Administrative Office of the Probate and Family Court

Lynch & Owens provides a comprehensive review of Massachusetts Probate & Family Courtroom operations during the coronavirus crunch.

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[Concluding Updated v/15/2020]

From the earliest days of the Coronavirus crisis, Massachusetts courts take pursued ambitious plans to maintain services even as courtrooms have closed to alive visitors for safety reasons. Leading this response has been the state'southward Probate & Family Court Department, led by Chief Justice John D. Casey, who'due south efforts have included an open letter to Massachusetts parents affected by the crisis.

Many of the court system's responses tin be institute on the state's folio presenting the Massachusetts court system's response to COVID-19. However, the rapidly expanding list of special rules, orders and notices have turned into a tidal wave, in recent days. In this blog, we attempt to organize and present some of the new rules impacting Massachusetts Probate & Family Courts. We conclude the blog with observations nigh how courts are operating under the crisis.

UPDATE: 5/15/20: First Justice of the Plymouth Probate & Family Court Offers Guidance on Future Operations

In a alphabetic character shared through the Plymouth County Bar Clan, Hon. Edward Grand. Boyle, Iii, First Justice of the Plymouth Probate & Family Court has offered attorneys guidance on court operations in the weeks ahead. Amid the changes on the way is an expansion of video and telephone hearings for non-emergency matters:

We expect to aggrandize the number and types of matters to be heard in the near hereafter. The Administrative office has secured zoom licenses for each judge. Trainings took place final week and additional trainings are scheduled this week. Once the trainings are completed, it is expected that each gauge volition comport hearings on a daily basis.

I expect that each Judge will deport Pre-Trial Conferences, Status Conferences, Contempt actions, Motions, Uncontested matters and Agency Sessions using telephonic conferencing or zoom applied science. I shall get-go hearing matters that are currently scheduled. The matters that were scheduled, merely non heard considering of the shutdown, will be rescheduled for hearing during the next two months. Days that were set bated for trials will be used to hear those matters. Notices volition be issued by the Court for those hearings.

Approximate Boyle indicated that all trials will exist placed on hold indefinitely:

Trials will be suspended until farther discover. Counsel and parties are encouraged to go along to come across and hash out resolution of outstanding issues. If additional Court intervention would be beneficial to the parties/counsel in order to achieve a global resolution, the Court volition exercise all information technology tin to be accommodating. Alternative Dispute alternatives should be fully explored past parties and counsel.

With trials on concord, it appears that the judges volition utilise the additional time in their schedule to catch up on the backlog of cases that accumulated during the shutdown. Gauge Boyle noted that in order to participate, attorneys and litigants may need net-ready devices and connections:

Information technology will be necessary for the parties to have access to devices that volition allow them to file memoranda, fiscal statements and other documents electronically.

He besides indicated that a failure to file Pre-Trial Memoranda and Fiscal Statements in advance of hearings will event in continuances:

The fashion we conduct business in our Court will be different going forward. The days of filing Pre-Trial Memoranda, financial statements and child support guidelines on the 24-hour interval of the briefing are over. These documents will need to be filed no afterwards than ten (ten) days prior to the hearing. If they are not received according to this schedule, the matter may be taken off the list and rescheduled in the normal course. This will enable u.s. to backfill the fourth dimension slot allotted to the matter removed from the list.

Finally, he added that attorneys and litigants should familiarize themselves with all of the tools available in Zoom:

I urge all of you to familiarize yourselves with the zoom engineering science. In that location are several features you should become familiar with before participating in a hearing. Breakout rooms and waiting rooms are available for users and I expect they will be utilized during virtually hearings.

SJC Suggests Massachusetts Courts will Stay Airtight Until Summer, with Increase in Non-Emergency Video/Telephone Hearings in June

On May 15, 2020, the Supreme Judicial Court delivered a letter of the alphabet to attorneys in Massachusetts suggesting that Massachusetts courts "will physically reopen this summer, but merely in stages and only for certain matters that crave in-person appearances." The alphabetic character touted the increasing utilise of telephone and video hearings while declaring with about certainty that courts will not re-open in June:

Before May 4, the Trial Court was focused mostly on emergency matters. Now every department, guided by new standing orders, is also hearing an increasing number of nonemergency matters where it is practicable to do so without an in-court hearing. We anticipate that our courthouses will likely remain physically airtight in June, simply that the number and range of nonemergency matters adjudicated virtually in the Trial Courtroom will continue to grow, such that the Trial Courtroom will effort to handle most matters that practise not crave an in- person court appearance. Therefore, we are considering whether to end the tolling of certain court deadlines sometime in June, so that most matters may be released from "litigation limbo" and motility forrard in courts that are increasingly able almost to deed on those cases.

This raises the question of whether the courts volition attempt to resume "regular business", including hearing not-emergency motions, prior to the physical re-opening of courthouses in July or later. The cardinal question focuses on which matters "exercise not require an in- person court appearance", every bit well as the timing of the expansion of matters that can be heard by video and phone. Even after courthouses re-open, the SJC reports that courts will continue to rely heavily on remote operations:

Even as courthouses reopen, we volition still demand to acquit most court business virtually to reduce the number of lawyers, litigants, and court personnel that come up to the courthouse, then that those who must come can practise so safely with the necessary social distancing. The days when our Trial Court welcomed approximately 40,000 persons a day into our courthouses are over, at least for the duration of the pandemic.

The letter acknowledges that sure matters, such as jury trials, must be conducted in person, while expressing hope that trials may resume in September, if schools reopen:

Nosotros hope that, in September, if schools reopen, we volition over again brainstorm to conduct jury trials. Merely the challenges of conducting jury trials with social distancing during a pandemic are formidable, and will require us to reimagine how juries are empaneled, where they will sit down during trial, and where they will deliberate and then that jurors tin both be prophylactic and feel prophylactic. We are difficult at work trying to address those challenges, and it is premature to predict now what it will wait like.

The SJC's current emergency society closing courthouses expires on June one, 2020. We anticipate that the SJC will enter a new order in the adjacent ii weeks that extends the physical closures through the end of June, while inviting Trial Departments (including the Probate & Family Court Department) to expand the number of not-emergency matters that are regularly heard by Courts in the meantime.

UPDATE: four/27/20 - Courts to Remain Closed Until June 1, 2020

The Massachusetts Supreme Judicial Court has extended the closure of Massachusetts courts for non-emergency matters until June one, 2020. The new order suggests that individual courts will continue to aggrandize phone/video hearings for certain non-emergency matters, but ultimately confirms that Massachusetts courts are unlikely to be fully open for business for some time.

Courts Closed to Non-Emergency Matters, But Some Telephone Hearings Keep

Probate & Family Courtroom Standing Rule ii-xx was initially enacted on March 17, 2020, with several amendments in the weeks that followed. The main elements of Standing Order two-twenty are:

• Limits in-person appearances at courthouses that cannot be resolved through a videoconference/telephonic hearing through at least May 4, 2020.

• Telephonic and/or video hearings are used for most emergencies.

• Pleadings mailed to the courtroom will continue to be processed and docketed by the court.

• Each county Probate Court to result orders defining what constitutes such an emergency, and the method for filing emergency motions.

• Unless otherwise ordered, all deadlines set along in statutes or court rules, standing orders, or guidelines that would otherwise expire May 4, 2020, are extended to at least that date.

Since Standing Order 2-20 was entered, the Courts accept released several related orders and instructions, including:

• Contact info for emergency filings by telephone and email. Filing methods for emergency motions applicable to all Probate Courts, including email/phone contacts for each court.

• County-by-County Emergency Filing Rules. Each canton has issued separate Guidelines for Operation When Court is Open for Emergency Matters During COVID-19, including defining what constitutes an emergency and methods for filing emergency actions by county.

• Frequently Asked Questions (FAQ). Probate and Family Courtroom FAQs Related to COVID-nineteen provides Q&A's for a variety of issues pertaining to Probate Courts and the coronavirus.

• Open letter from Primary Justice Casey dated March 24, 2020, providing that "Parenting orders are not stayed during this catamenia. In fact, information technology is important that children spend time with both of their parents and that each parent have the opportunity to engage in family activities, where provided for by court guild. In cases where a parent must self-quarantine or is otherwise restricted from having contact with others, both parents should cooperate to allow for parenting time past video conference or telephone."

Other Orders Impacting Massachusetts Probate & Family unit Courts (Updated 4/14/2020)

In addition to Continuing Order 2-20, other orders impacting Probate Courts include:

• Court staffs reduced to limit spread of virus. On April six, 2020, the SJC entered Trial Courtroom Emergency Administrative Order 20-vii, which reduces court staff "to the minimum number of employees necessary to meet operational needs" with all other staff to "carry their work remotely, to the extent feasible."

• Electronic signatures by judges and clerks allowed. On March 25, 2020, the SJC entered its order concerning electronic signatures of judges and clerks. The order immune all judges and clerks to sign court documents electronically.

• Electronic signatures by attorneys and self-represented parties immune. On Apr thirteen, 2020, the SJC entered its order authorizing apply of electronic signatures by attorneys and cocky-represented parties, which provides that, "In all courts and example types, whenever an attorney or cocky-represented party is required to sign a certificate to be served on another party or filed with the courtroom, the attorney or self-represented party may electronically sign, unless the court specifically orders otherwise. …. The electronic signature tin can take the form of either a browse of the chaser'due south or self-represented party's handwritten signature, an electronically inserted epitome intended to substitute for a signature, or a 's/ proper name of signatory' block"

• Pleadings served by e-mail instead of mail. On April 2, 2020, Probate and Family Court Standing Lodge four-20 was entered, providing that pleadings that are ordinarily served by mail can exist served on attorney using electronic mail. For cocky-represented (pro se) parties, service by mail is notwithstanding required unless the pro se political party consents in writing (email consent ok). The rule includes some exceptions and technical details worth reading in full. For case, the rule allows attorneys to sign affidavits on behalf of clients in certain circumstances.

• Up to 10 days for emergency restraining orders. On March 17, 2020, General Trial Court Emergency Administrative Order twenty-v regarding emergency restraining orders (effective March xix, 2020) entered, providing that "Judges serving on after-hours judicial response volition have x days to consequence emergency restraining orders, harassment prevention orders, and farthermost risk protection orders. All hearings regarding emergency protective orders will be held past phone briefing or videoconference", with parties to contact the Court by telephone at 9AM the morning time following the issuance of the order.

• Guardian ad litem Evaluations (GAL) investigations and reports delayed. On March 20, 2020, Probate and Family unit Courtroom Standing Club 3-20 extended all outstanding GAL appointments, investigations and reports to Apr 21, 2020 or afterwards, with mechanisms built in for farther extensions.

• Parent Pedagogy Classes can be completed by video. On March 24, 2020, Temporary Amendment to Probate and Family unit Court Standing Social club 2-16: Parent Education Programme attendance provided that parents can attend "virtual" parent teaching classes or by watching a five-hr DVD. Notably, parents are non relieved from their obligation to complete the grade, but may use an alternate method defined by the order. In person classes are postponed until at least May 1, 2020. Parents with questions near the parent education class can contact Christine Yurgelun of the Administrative Office of the Probate and Family Court at: christine.yurgelun@jud.country.ma.us.

Emergency Orders and Contact Information by County

The Courts have published dissever instructions and contact information for filing emergency motions and other matters every bit follows:

Society by County (Click to View)	E-mail by County	Telephone by County
- Barnstable	barnstableprobate@jud.land.ma.us	(508) 375 6710
- Berkshire When Courtroom is Open	berkshireprobate@jud.country.ma.us	(413) 442-6941
- Berkshire When Court is Closed	berkshireprobate@jud.state.ma.united states	(413) 442-6941

- Bristol	bristolprobate@jud.state.ma.us	(508) 977-6040
- Dukes	dukesprobate@jud.state.ma.us	(508) 627-4703
- Essex When Court is Open	correspondences@jud.state.ma.us	Salem: (978) 740-4143 Lawrence: (978) 686-9692
- Essex When Court is Closed	correspondences@jud.country.ma.u.s.	Salem: (978) 740-4143 Lawrence: (978) 686-9692
- Franklin	franklinprobate@jud.state.ma.u.s.	(413) 775-7460
- Hampden When Courtroom is Open up	hampdenprobate@jud.state.ma.us	(413) 748-7600
- Hampden When Court is Closed	hampdenprobate@jud.state.ma.united states	(413) 748-7600
- Hampshire When Court is Open	hampdenprobate@jud.country.ma.u.s.	(413) 748-7600
- Hampshire When Court is Closed	hampshireprobate@jud.state.ma.the states	(413) 586-8500
- Middlesex	middlesexprobate@jud.country.ma.us	(617) 768-5800
- Nantucket	nantucketprobate@jud.state.ma.us	(508) 228-2669
- Norfolk	norfolkprobate@jud.country.ma.us	(781) 830-1278
- Plymouth	plymouthprobate@jud.state.ma.us	(508) 897-5400
- Suffolk When Court is Open up	suffolkquestions@jud.state.ma.us	(617) 788-8300
- Suffolk When Court is Closed	suffolkquestions@jud.country.ma.us	(617) 788-8300
- Worcester	worcesterwpfc@jud.state.ma.us	(508) 831-2200

To see if your court is temporarily closed, visit the Trial Court's temporary court closures page.

Tips and Observations from Massachusetts Probate & Family Attorneys (Updated four/10/2020)

Despite the tidal wave of new rules, orders and instructions from Massachusetts Probate & Family courts in the last month, many unknowns remain for attorneys and litigants. Beneath are some tips and observations from our attorneys. Please note that in this rapidly changing surroundings, all of the following could exist replaced with new orders, instructions and common practices at near whatever time.

Please notation that the following observations are offered for informational purposes only. Individuals should direct all questions to their county'south Probate & Family Court by phone or electronic mail.

• Filing Emergency Motions by E-mail. Although each courtroom has provided rules for filing emergency matters, the level of detail in each county'south order varies. In full general, we are told that that the preferred method for filing emergency matters is currently email. If the filing requires specific forms (such every bit a 209A restraining society), individuals should ship an email to the court requesting the forms. For domestic relations cases, emergency motions should be accompanied by an affidavit or sworn argument explaining why there is an emergency. Emergency modifications should include a Complaint for Modification, an Emergency Move and affirmation of emergency. Emergency Contempts should include a Complaint for Contempt and affidavit of emergency. Email filers must include a telephone number. Court staff will respond by phone or electronic mail with feedback, including a time for a telephone conference with a judge.

• What constitutes an "emergency" during the outbreak? Although each court has issued its ain instructions for emergency filings, the state's Probate & Family unit Court Coronavirus FAQ provides a helpful full general definition: "Yous may be asked to write a statement explaining your emergency. "Infrequent/exigent circumstances" mean that the matter is serious and immediate, and that pregnant impairment may occur if the instance cannot exist filed and heard. The Court may tell you that yous demand to give someone observe before a hearing can be held." Individuals are instructed to contact their court past phone or email if they are unsure if in that location is an emergency. Court forms are available here.

• Eastward-Filing for Contest Divorce Filings Expanded. Massachusetts attorneys have been able to "e-file" complaints for divorce in Massachusetts for some time. We are told that the state'southward e-file system is now available to self-represented individuals. In addition to filing a contested Complaints for Divorce, we are told that e-filing is now the preferred method for filing motions, financial statements and other pleadings in open divorce cases. Unfortunately, the east-file arrangement is non available for modification and contempt filings. (Parties/counsel who e-file pleadings should not file the same pleadings by postal service or e-mail. File using only one method to forbid confusion.)

• Filing 1A Joint Petitions for Divorce. All Massachusetts courts go along to accept Joint Petitions for Divorce by Post. Many courts appear to be accepting 1A filings by e-mail (just run across iv/10/2020 update below re hearings in Barnstable, which is currently restricted to mailed pleadings.) For filings by email, it is important to include a phone number for the Court, equally at least some courts are calling individuals so that the filing fee can exist paid by credit carte du jour. Prior to filing by e-mail, parties are encouraged to contact the court by phone or email to confirm that email filings (and payment by filing fees by credit card over phone) are accustomed in that county. Individuals who submit 1A petitions by electronic mail should not mail copies of the same petition to the courtroom.

• Hearings to Approve Separation Agreements for 1A Divorces. Separation Agreements filed by Joint Petition require a hearing earlier a gauge earlier they can be canonical. All courts have delayed hearings on 1A divorce agreements. However, some counties appear to exist scheduling telephone hearings for judges to approve 1A agreements. Agreement with ambiguities or errors are less likely to be canonical past a telephone hearing. Information technology is essential to provide the court with accurate and easy to notice contact information (phone and electronic mail) for both parties. Many courts are not before long scheduling 1A hearings at this time. Delight exist courteous and patient when asking if a telephone hearing is available in your canton. Courts volition schedule hearings on a first filed, offset heard basis.

  • iv/10/20 Update: Barnstable Probate & Family Court has announced that it will begin scheduling hearings to approve Joint Petition (1A) divorce agreements that are filed afterwards Apr 13, 2020. The new policy in Barnstable requires joint petitions to MAIL their documents and filing fee to the Court and does not appear to exist available to individuals who email joint petitions to the Court at this fourth dimension.

• Parties encouraged to file Complaints for Modification immediately. Although courts are not hearing non-emergency motions on Complaints for Modification, courts are strongly encouraging parties not to delay in filing Complaints for Modification and Motility for Temporary Orders following task loss or any other modify in circumstances. We are hearing that judges are likely to grant retroactive relief dorsum to the appointment of filing. Moreover, not-emergency motions are probable to exist scheduled for hearings in the gild they are received when courts re-open. All courts accept filing of Complaints for Modification by postal service (with a check for the filing fee enclosed). Most courts are accepting non-emergency Complaints for Modification by email, with Court staff calling email filers to pay filing fees by credit menu over the phone.

• Parties encouraged to file Complaints for Contempt immediately. As with modifications, Massachusetts courts are not hearing non-emergency Complaints for Contempt at this time. However, courts continue to accept new filings by mail, and nosotros are told that hearings will be scheduled for contempts on first-filed, first heard ground. Nigh courts are accepting non-emergency Complaints for Contempt by email, with Courtroom staff calling electronic mail filers to pay the summons fee by credit card over the phone.

• Service by Electronic mail for Complaints for Contempt/Modification. Nosotros are told that many courts are administratively allowing motions for alternating service, in which a party/attorney asks to serve a complaint for contempt/modification of summons on the opposing party by e-mail due to the coronavirus crunch. Such motions should be filed with the complaint, include the opposing political party'south email accost, and request administrative approving by the courtroom without the need for a hearing. Courts continue to docket and process complaints as they arrive, and to outcome summons.

• Some courts may be closed completely due to quarantining rules. Although courts are airtight to in person hearings, most courts remain staffed and operating. However, a steady stream of courts take been forced to close for 14-twenty-four hour period periods due to one or more staff member experiencing symptoms. The courtroom maintains a running list of closed courthouses here. Individuals or attorneys who are unable to contact their court straight should phone call the land-wide Help Line at 833-91COURT, which his staffed from 8:30am – 4:30pm, Monday through Fri. Individuals seeking a restraining gild when their Probate Courtroom is closed should commencement contact their local District Court, and then contact the SAFEPLAN Program.

• Motions tin exist decided on pleadings by request. We hear that most judges will decide well-nigh any issue "on the pleadings" (i.e. based on written filings without hearing) if both parties concur. Parties should file a Joint Motility for Conclusion on the Pleadings along with each party'southward motility/opposition with a supporting affidavit.

• Judges will schedule telephone hearings on some non-emergency matters if the parties agree. Although courts are not generally hearing non-emergency matters, some judges may schedule phone hearings on not-emergency matters if the parties agree. Counsel and parties are brash to contact the courtroom before preparing extensive pleadings, equally judges may not be available.

• Other than Separation Agreements, most signed stipulations and agreements volition be entered without a hearing. Although Separation Agreements yet require a hearing, most stipulations for temporary orders, also every bit agreements for judgment entered on modification, contempt and 209C actions volition be allowed by the courtroom without a hearing. Parties/counsel may need to file a joint motility to allow stipulation.

• Videoconferencing options limited. Although the court is to hearing matters via video conferencing, we are hearing that budgetary issues and staff limitations are preventing the widespread adoption of video hearings in the Probate Courts. The use of telephone conference hearings is widespread.

More Coronavirus Coverage from Lynch & Owens

The attorneys of Lynch & Owens have been blogging about the impact of the coronavirus on divorce and family law issues, equally well as Massachusetts Probate & Family unit Courts, since the earliest days of the pandemic. Our coverage has been featured in the New York Times and the Boston Globe. Bank check out the links beneath for more than Covid-19 coverage from Lynch & Owens.

Coronavirus Impacts on Family Law:

• Nine Ways to Plan for Divorce During Quarantine (5/13/20)
• Ask Our Attorneys: How has the Coronavirus Impacted Family Law in Massachusetts? (v/six/20)
• Coronavirus News: Enforcing Child Back up and Pension Orders During the Crunch (four/7/20)
• Massive Coronavirus Layoffs Trigger Child Support and Pension Reductions Across MA and Usa (3/19/20 with updates)
• Coronavirus Court Closures: How Covid-19 is Shutting Courts in Divorce and Family unit Police Cases (iii/14/20 with updates)
• Can Coronavirus Fears Let Parents to Abolish Courtroom-Ordered Visitation? (3/2/20 with multiple updates)

Massachusetts Probate & Family Courtroom Updates:

• Coronavirus News: Mass. Probate & Family unit Courts Release Tidal Wave of New Rules (4/ix/20 with multiple updates)
• Coronavirus News: Canton-by-County Info for Massachusetts Probate & Family Courts (three/26/20 with multiple updates)
• Massachusetts Trial Court Announces Comprehensive Response to Coronavirus for MA Courts (3/15/20 with updates)

Mediation and Coronavirus:

• Mediation is the All-time Divorce Option During the Coronavirus Crunch (4/15/20)
• Court Filings and Covid-nineteen: How to File Agreements in MA Probate & Family unit Courts During Crunch (4/9/20)
• Surviving Coronavirus: Video Mediation for Divorce and Family unit Police Problems (3/19/20)

Other media featuring Lynch & Owens and coronavirus:

• NY Times: For Divorced Parents, Navigating Coronavirus Is a Balancing Act (3/27/twenty)
• Boston Globe: For divorced couples with children, coronavirus creates added challenges (4/ten/20)

A Message to Our Readers Outside of Massachusetts

As a Massachusetts constabulary firm, much of the information provided in our blogs is tailored to Massachusetts law and practices. Although portions of this and our other blogs covering coronavirus-related bug are probable to be broadly applicable exterior of Massachusetts, it is of import to note that every country has its ain specific trunk of police and domestic relations best practices that can differ from Massachusetts in important means. The options available to individuals facing domestic relations concerns during the coronavirus outbreak may also be greatly impacted by local courtroom closures and regime restrictions that are specific to your area, such as land-mandated quarantine and shelter in identify orders. Please consult with a legal professional in your land for guidance.

Coronavirus Related Legal Services at Lynch & Owens

Lynch & Owens has adjusted our service commitment model in response to the coronavirus crunch. In addition to providing traditional divorce and family representation, during the outbreak, nosotros are focused on delivering rapid-response legal services (including same-twenty-four hours service) to clients facing emergency fiscal and child-related issues, as well as assisting self-represented clients with certificate preparation and filings while the courts are closed for most regular concern.

Clients can schedule same-mean solar day, 1-hour paid consultations with our attorneys by telephone and we are accepting retainers as low equally $750 for additional consultation services. We are also offering same-day video mediation for parents, spouses and former spouses who are seeking to mediate coronavirus-related bug such as visitation, parenting fourth dimension, and child back up and pension orders impacted by layoffs and unemployment. Our staff and attorneys have full remote access to all our office's resources in the consequence of mandatory quarantine or shelter-in-place order.

Delight come across our dedicated Coronavirus Legal Services page and Coronavirus Mediation Services page for more virtually services provided by Lynch & Owens and South Shore Divorce Mediation during the coronavirus crisis.

Near the Author: Jason V. Owens is a Massachusetts divorce lawyer and family law chaser for Lynch & Owens, located in Hingham, Massachusetts and East Sandwich, Massachusetts. He is also a mediator for South Shore Divorce Mediation.

Schedule a consultation with Jason 5. Owens today at (781) 253-2049 or send him an email.

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