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COVID-19 -If you are Filing a Non-Emergency Matter what is Encouraged by the Court?

  • Posted by Alexander Nesson
  • On April 10, 2020

The court at this point is encouraging any non-emergency matters to be filed by mail or by e-filing if that is available. The filing will still be docketed but they are not going to add an actual court hearing until on or after May 1st unless it is an emergency matter.

Again, you want to speak to an attorney or confirm with the court as everything can be in a state of flux and can changed.

COVID-19 – For Emergency Scheduling

In emergency situations in Massachusetts Family and Probate Court will be considered on a case by case basis. It needs to be brought to a Judicial Case Manager, Assistant Judicial Manager, Assistant Register or a Magistrate to determine whether there is an actual emergency or there can be help in another matter.

Some of the emergency matters that can be filed and heard unless the court requires notice can include Petitions and Motions for Do Not Resuscitate, Authorization of Medical Treatments or Antipsychotic Medication, Petition Seeking or Permission of Temporary Guardian or Conservator; other protective services; Healthcare Proxy Actions; Appointment of Special Representatives; Petition for Marriage without Delay; Complaints for Dependency for a child who turns 21 prior to May 1, 2020; civil Temporary Restraining Orders and Motion for Temporary Orders relative to custody or support exigent circumstances. These are possibilities it does not mean necessarily that automatically address these as an emergency scheduling and even if they are addressing there is an emergency scheduling there might be some significant restrictions and you want to contact your attorney about the different options and/or the court before seeing what you perceived as a emergency and will still be considered by the court.

Again, you want to speak to an attorney or confirm with the court as everything can be in a state of flux and can changed.