COVID-19 – In Massachusetts Probate and Family Court What is happening with the Motions, Agreements and Disputes?

Disclaimer:  This is a series of blogs related to the impact of COVID-19 on the court system; in particular, the Massachusetts Probate and Family Court.  This information may be outdated and it is important to look at the court’s website.  Also, different courts have different particularities.  I have gotten this from both speaking to other lawyers’ and the staff at the Probate and Family Court along with Zoom conferences and other articles along with reading the standing orders.

The judges and courts are looking at things significantly differently. A lot of courts are pushing cases far out and to not have any decisions made until then. Some judges are doing full agreements by phone; sometimes you can try and do pleadings and if it is by agreement it is certainly a possibility that judges will just allow the pleadings and then decide on the pleadings.  They need to get both parties in agreement but, if it is a simple issue and no disputes, the judges will do that. Further, I have had more people coming to mediation to deal with some contested issues through mediation, you can also deal with it through other methods of ADR.