A Change in How Pleadings are done in Domestic Relation Cases in Massachusetts Probate and Family Court with the COVID-19 (Coronavirus).

The Probate and Family Court hereby ORDERS that effective April 2, 2020, and until further order of the court:

Where the email address of an attorney of record is known because it was previously provided by the attorney on pleadings or other papers filed with the court in connection with the case at issue, pleadings and other papers may be served upon the attorney of record under Mass.R.Dom.Rel.P. 5(b) by email sent to the email address provided.

If, for any reason, an attorney of record cannot be served at an email address previously provided or if an attorney of record, for whatever reason, has not previously provided an email address,  the attorney of record shall promptly communicate that to all other attorneys of record and self-represented parties and provide an active email address.

Whenever parties have the right or are required to do some act or initiate a proceeding within a prescribed period after the service of pleadings or other papers upon them and the pleadings or other papers are served upon them by email, three (3) days shall be added to the prescribed period.

All attorneys of record shall cooperate in the exchange of pleadings and other papers by email to accomplish the purpose of this order. Pleadings and other documents may not be served by email upon a self-represented party, unless that self-represented party consents in writing, which may be by email, in which case the self-represented party shall be subject to the same obligations and restrictions as an attorney of record under this order.

Service of pleadings and other papers by email upon an incarcerated self-represented party is not authorized by this order under any circumstances.  If applicable, parties should note on their filings “served via email.”

If the pleadings or other papers to be served by a party include an affidavit signed under the penalties of perjury, but the party making service has been unable to secure the affiant’s original handwritten signature, or a scanned or photographed copy thereof, due to constraints arising from the coronavirus pandemic, the affidavit may still be served and subsequently filed with the court if the affiant has signed the affidavit electronically. The party making service shall thereafter take steps to secure the affidavit bearing the affiant’s original handwritten signature as soon as practicable.