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Given the COVID-19 Pandemic How is the Court deciding on Emergency Hearings?

  • Posted by Alexander Nesson
  • On April 15, 2020

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  This information may be outdated and it is important to look at the court’s website.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 courts must determine whether it is an emergency or not an emergency in the Family and Probate court.  If it is an emergency how that is going to be addressed, different judge’s and different courts are looking at it differently.  Typically, it would be by telephone as most courts are not fully equipped for video-conferencing with all the different parties.  Some judges have been allowing the emergency hearing on paper, based on pleadings and having detailed pleadings would be important.