Trial Courts Announced Subject to Change What is called a Triage Plan to Reduce the Number of People in Court.

Probate and Family Court Standing Order 1-20

Please look at the links for the most up to date information. This is not official.

Probate Court – [https://www.mass.gov/doc/probate-and-family-court-standing-order-1-20-court-operations-under-the-exigent-circumstances/download]

Triage or Standing Order regarding the Exigent Circumstances by Coronavirus by the Probate and Family Court. Again, the Probate and Family Court is closed along with all the trial courts on March 16^th and March 17^th.

Telephone/Videoconferences/virtual Hearings:  To be used whenever possible, in order to avoid having people appear in court or rescheduling events at a later date.

Restraining Orders & Request to Vacate: All restraining order request and requests for orders to vacate and their review dates shall be heard in the normal course.  This is under G.L. c. 209A or Motion to Vacate pursuant to G.L. 208A, Section 34B.

Specific cases such as motions, case management conferences and status conferences that are already scheduled between March 18^th and May 1^st will be heard by telephone or videoconference.

Cases scheduled for Pre-trial conferences between March 18^th and May 1^st shall be reviewed by the Judicial Case Manager or Assistant Judicial Case Manager in that division.  After consulting with the judge assigned to the particular case, a determination shall be made as to whether the pre-trial conference shall be heard in the manner described by telephone or videoconferencing.

If a trial has already started or in progress it will proceed.  The trials that have yet to begin will be continued after May 1^st.

Complaints and modification seeking an increase or reduction in child support and/or alimony will be continued beyond May 1^st.  A party may in certain circumstances or exigent circumstances seek to bring the matter forward earlier if there is good cause shown. The request may be decided on the pleadings.

If it is a case the includes Department of Revenue, they have certain block days and that will be limited to 30 cases per day and shall be presented on a staggered schedule.

Adoption hearings shall be held as scheduled unless the petitioner(s) requests that the hearing be rescheduled. If heard between March 18^th and May 1^st the adoptive parents shall limit the number of attendees to four (4), not including the children and the adoptive parents.

Treatment plan orders that expire between March 18^th and May 1^st will be administratively extended for 60 days from the expiration date.

Temporary orders of appointment in guardianship and conservator cases that expire between March 18^th and May 1^st will be administratively extended for 60 days from the expiration date.

If it is a Sua sponte custody order to the DCF that would expire between March 18^th and May 1^st will be extended for 45 days from the expiration date.  A party may, for good cause shown, seek to bring the matter forward either upon a demonstration of exigent circumstances. The request may be decided on the pleadings. All permanency hearings conferences scheduled between March 18^th and May 1^st will be continued beyond May 1^st.

New Filings: Parties should be encouraged to file new, non-emergency matters by mail or by e-filing where available.  Filings will be docketed, but no event shall be scheduled before May 1^st.

Emergency Scheduling:  If not addressed in these other matters it would be considered on a case-by-case matter brought to the Judicial Case Manager, an Assistant Judicial Case Manager, Assistant Register or Magistrate to determine whether there is an actual emergency or whether the person can be helped in another way.

There is a list in the press release about what may be filed and heard unless the court requires notice.

Parenting Education Classes:  All Parent Education courses that have already begun shall be suspended until after May 1^st and be rescheduled. No new Parent Education courses shall begin until after May 1^st.

Any person who was been ordered to perform community service shall not have to perform such community service until after May 1^st.

As always, these standing orders can be amended or changed so it is good to look at the direct orders.