Operating Procedure for the Middlesex Division of the Probate and Family Court Under Standing Order 2 – 20, as amended June 1, 2020
A. General Information:
Until at least July 1, 2020, the Middlesex Division of the Probate and Family Court will be open to conduct emergency and non-emergency court business, and to adjudicate emergency and non- emergency matters identified herein. But courthouses will continue to be closed to the general public and all business will be conducted virtually (i.e., by telephone, videoconference, email, or comparable means, or through the electronic filing system), except as provided in the next paragraph. Where court personnel are physically present in a courtroom for the purpose of conducting a virtual hearing, no one other than court personnel may be physically present in the courtroom without the approval of the judge conducting the hearing.
In-person proceedings will be conducted only where entry to a courthouse is required to address emergency matters that cannot be resolved virtually because it is not practicable or would be inconsistent with the protection of constitutional rights.
Each Registry shall conduct emergency and non-emergency court business, including accepting the filing of pleadings and other documents, scheduling and facilitating hearings, issuing orders, and answering questions from attorneys, litigants, and the general public. All business will be conducted virtually unless, in an emergency matter, the filing of pleadings and other documents cannot be accomplished virtually.
The Middlesex Division is now operating out of two locations. Middlesex-South remains at 208 Cambridge Street, Cambridge, MA 02141, while our new location, Middlesex-North is located at the Lowell Justice Center, 370 Jackson Street, 5th Floor, Lowell, MA 01852. Both locations are staffed daily with minimal Registry and Probation personnel, as well as two judges (one assigned as the emergency judge), again, with minimal judicial support personnel. Cases will be initiated and heard (Virtually/Telephonically) in the proper location as determined by the Catchment Area established for the division of the county and by the judge assigned to the case pursuant to the individual calendar system for each location or the emergency judge, if necessary, both are attached.
Using an emergency hotline telephone number, e-filing, designated email addresses, telephonic hearings, Zoom video conferencing and a Virtual Registry, the Middlesex Division is working to manage our caseload with limited personnel on-site at each location. It is important that these protocols be followed so that cases move through the process timely and we operate in the most efficient way possible under the current circumstances. Failure to submit documents through the appropriate method and provide information as recommended will delay your case. A Quick Reference Guide and informational pages are attached to assist you in the best way to proceed with your matter.
For more information on the division of the Middlesex Probate and Family Court, please visit www.mass.gov/courts.
B. Filing Matters:
All Divisions of the Probate and Family Court are accepting filings by: - mail - e-filing where available (estates and administration, divorce under G. L. c. 208, §1B, and guardianship of incapacitated persons) - email for all emergency and non-emergency matters - telephone for Restraining Orders Pursuant to G. L. c. 209A/Orders to Vacate Pursuant to G. L. c. 208, § 34B
C. Emergency Matters:
The emergency matters listed below are included in Section B, Section E, and Section G (1), (2), and (3) of Standing Order 2 – 20, as amended June 1, 2020, and shall be handled pursuant to the Standing Order.
Emergency matters – no screening: 1. Restraining Orders Pursuant to G. L. c. 209A/Orders to Vacate Pursuant to G. L. c. 208, § 34B 2. Petitions/motions seeking a Do Not Resuscitate/Do Not Intubate/Comfort Measures Only (DNR/DNI/CMO) order, authorization for medical treatment order, or order for antipsychotic medication; 3. Petitions seeking appointment of a temporary guardian or conservator; 4. Petitions pursuant to G. L. c. 19A, § 7 and G. L. c. 19C, § 20 – protective services; 5. Health Care Proxy actions; 6. Petitions/Motions for Appointment of Special Personal Representative; 7. Petitions for marriage without delay; 8. Complaints for Dependency (SIJS) and any related motions; and 9. All requests for injunctive relief.
Emergency matters – screening allowed: 1. Motions for temporary orders where exceptional/exigent circumstances have been demonstrated. 2. Contempt actions where exceptional/exigent circumstances have been demonstrated. 3. Sua sponte custody orders to the Department of Children and Families pursuant to G. L. c. 119A, § 23 (a) (3) that expired or will expire between March 18, 2020 and July 1, 2020 will be administratively extended for 150 days from the original expiration date. A party may, for good cause shown, seek to bring the matter forward earlier upon a demonstration of exigent circumstances. The request may be decided on the pleadings. 4. Treatment plan orders that expired or will expire between March 18, 2020 and July 1, 2020 will be administratively extended for 180 days from the original expiration date. A party may, for good cause shown, seek to bring the matter forward earlier upon a demonstration of exigent circumstances. The request may be decided on the pleadings. 5. Temporary orders of appointment in guardianship and conservator cases that expired or will expire between March 18, 2020 and July 1, 2020 will be administratively extended for 180 days from the original expiration date. A party may, for good cause shown, seek to bring the matter forward earlier upon a demonstration of exigent circumstances. The request may be decided on the pleadings.
If you have an emergency which falls within this section, please call the designated COVID- 19 emergency hotline at 617- 768- 5906 to speak with the registry representative on duty who will receive the nature of the emergency and direct you on the procedure to file [i.e., pleadings required, other documents required, method of transmittal]. Submission of these pleadings may be made by email where e-filing is unavailable. More information about The requirements for emailing pleadings isare provided in Section D below.
When all required documents, completed and conforming, are submitted, the registry representative will file, scan, docket, and transmit them to the emergency judge in the appropriate location (Cambridge or Lowell) as defined by the Catchment Area. No physical file is provided to the courtroom. The emergency judge will utilize the documents that you have provided to the Court and MassCourts to review the case.
If the emergency does not require screening, the emergency judge’s clerk/AJCM will then contact you to conduct an emergency virtual hearing. If your case was screened as provided above, the clerk/AJCM will contact you to inform you as to the Court’s determination whether an emergency virtual/telephonic hearing will be conducted or if the matter should be marked up for a hearing in accordance with other parts of this protocol.
Please call the emergency hotline number 617-768-5906 prior to submitting any documents to insure there are no delays in processing your emergency. This emergency hotline number serves both Middlesex-North and Middlesex-South Catchment Areas.
D. Virtual non-emergency matters:
The judges of the Middlesex Division of the Probate and Family Court are continuing to attempt to hear all case types/events, excluding trials and evidentiary hearings, virtually, in whole or in part, where it is practicable to do so. The volume and type of cases to be heard will be determined by the Register and First Justice, collectively, and will be scheduled based upon on-site and remote staffing availability and the availability of technological support and training needed to conduct virtual hearings. Because of the unique characteristics of each physical location, some courts will not be able to safely increase staffing levels in the same way as other locations. To facilitate the business of each division, in the discretion of the First Justice, the individual assignment of cases may be relaxed so that all cases may be heard as scheduled.
Whether it is practicable to address certain case types/events will differ for each division of the Probate and Family Court, and will be based on a variety of considerations. However, the Probate and Family Court is committed to hearing as many case types/events as is possible.
The AJCMs, clerks and judges have been reviewing their cases and rescheduling canceled non-emergency hearings of all types. Given that the hearings will be done Virtually/Telephonically and that staff is working on a staggered schedule, there will be significant limitations on the number of cases that a judge can hear each day, but every attempt will be made to hear as many cases as possible.
Both litigants and counsel must provide complete contact information, including a telephone number and email address on all pleadings. Failure to provide this information on the pleadings may cause delays in the processing of your case, including the inability to schedule a virtual hearing.
Again, if your case is an emergency, please proceed as provided in Section C.
All other matters will be received, reviewed, filed, scheduled or decided without hearing, if appropriate, as follows:
Filing Procedures: USE ONLY ONE METHOD TO FILE
REGULAR MAIL: Middlesex Probate and Family Court – South 208 Cambridge Street Cambridge, MA 02141
Middlesex Probate and Family Court – North Lowell Justice Center 370 Jackson Street – 5th Floor Lowell, MA 01852
Pleadings may be submitted via regular, expedited or express mail to both the North or South locations. Please see the attached Memorandum on the Division of the Middlesex Probate and Family Court and Middlesex Probate and Family Court Catchment Areas for information on the appropriate location to file.
EFILE: www.efilema.com
It is preferred that you submit your pleadings through our e-filing system, if available for your case type. E-Filing is available to initiate and file pleadings in 1B Divorce Complaints, Petitions for Guardianship of an Incapacitated Person, Voluntary Administration Statements, Informal Probate Petitions and Formal Probate Petitions. New Modification and Contempt Complaints cannot be e-filed at this time, however any other subsequent pleading (even those under a pending modification or contempt) may be e-filed. E-filing is not available for any other case type.
If e-filing is available and you choose not to utilize this feature, you may only file your pleadings via regular mail, unless an emergency exists as enumerated in Section C. Emailed pleadings will not be accepted where e-filing is available.
EMAIL: [email protected]
Pleadings may be filed by email If your pleadings cannot be submitted through our e-filing system, you may file them via this designated email address. However, where available, e- filing is the preferred method for filing. Again, all pleadings, except for Complaints for Modification and Contempt under a 1B Divorce, Guardianship of an Incapacitated Person, Voluntary Statement, Informal and Formal Probate Petition must be e-filed, not emailed. Email is available for all other case types and to file Modification and Contempt Complaints.
File pleadings by only one method, unless otherwise instructed by court personnel or as provided in this protocol. All submissions should be made to the Registry for proper initiation, filing and assignment to the appropriate judge to avoid duplication of work, confusion and delays in processing.
Submissions should must meet the following conditions to be emailed:
1. E-Filing must not be available. 2.1.You shouldmust use court-promulgated, fillable PDFs forms, where available (visit www.mass.gov/courts for forms). 3.2.Forms must be completed fully and are encouraged to be typewritten. 4.3.Scanned or saved PDF documents only (no pictures of documents will be accepted) 5.4.Single-sided documents only (please no double-sided forms) 6.5.Each document must be attached separately (no bulk attachments) 7.6.Pleadings must contain a telephone number and email address for the filing party. 8.7.Counsel/Litigants must be available by phone to provide payment of fees by credit card the same day as submission for your case to be entered.
Similar to e-filing standards, if your case is reviewed and found to be deficient in any way, a member of the Registry will email you for additional or missing information. If we are unable to obtain the information we require to file your pleadings after a reasonable effort, your filing will not be processed and you will be required to file your pleadings by regular mail.
If you are not available to make payment of the fee over the phone by credit card at the time your pleadings are submitted, your filing will be rejected and you will be required to file your pleadings by regular mail.
All submissions will be processed in the location as determined by the Catchment Area provided in the Memorandum on the Division of the Middlesex Probate and Family Court and assigned to the appropriate judge (or emergency judge) in that location under the individual calendar system.
All emails are submitted with a date and time stamp. These will be used to determine the timeliness of filing. Submissions will be filed as of the date they are emailed to us during regular business hours. Any emailed filings received after the close of business (4:30 p.m.) will be filed as of the next business day.
Please submit any documents needed for hearing at least two (2) days prior to the hearing date so they may be filed and docketed for remote access by the Court at the time of hearing.
Submission on The Pleadings (Administrative Uncontested Matters):
Again, all non-emergency pleadings should be submitted through E-Filing (www.efilema.com), if permitted, regular mail or email.
All submissions should be made to the Registry for proper initiation, filing and assignment of the appropriate judge and location (Cambridge or Lowell).
To the extent we are able, the Middlesex Division is handling uncontested matters, submitted jointly, and with an affidavit waiving an in-person hearing administratively (without any hearing).
If a stipulation for Temporary Orders on a Motion or Contempt, or an Agreement for Judgment on a 1B Divorce, Complaint for Modification or a Contempt is filed, the Temporary Order or Judgment will be forwarded to the assigned judge for review. If all necessary papers are in order and the following are submitted:
1. A stipulation for Temporary Order or Agreement for Judgment signed by both Parties and counsel of record and updated financial statements, if the matter involves a financial matter; 2. For all unrepresented parties, an Affidavit that the party: a. acknowledges they understand the issues presented; b. understands and agrees with all terms of the stipulation or agreement; c. understands that counsel represents the other Party only; d. understands they are waiving their right to an in-person hearing as to this matter only; e. if applicable, has submitted an accurate financial statement; and f. has reviewed the opposing party’s financial statement and believes it to be true and accurate.
Upon receipt and review, the judge will enter an order/judgment administratively, or contact you to inform you that a hearing is required.
All matters that are permitted by law or standing order to be allowed administratively (for example, an Informal Probate Petition), will be reviewed, approved or denied by a magistrate and any subsequent letters, copies or notices will issue as is customary.
Scheduling Hearings on Pending Matters:
All contested matters scheduled from March 19, 2020 through June 1, 2020 were/are being reviewed to determine whether to hold the hearing Virtually/Telephonically or to reschedule the hearing to a future date for in-person appearances. If your case is to be heard Virtually/Telephonically, you will be contacted by a judicial representative as to how the hearing will be conducted. If your hearing is to be rescheduled, you will receive notice via regular mail. You may check the status of your hearing at www.masscourts.org. Rescheduling notices may be delayed. All Virtual/telephonic hearings require prior contact between the court and the parties to establish the method of hearing, therefore, if you have not heard from the court by your scheduled hearing date, your date has been rescheduled and you will receive notice in the mail.
Each judge is accepting and reviewing requests for Virtual/telephonic hearings on non- emergency matters that are already scheduled. If you wish to have a Virtual/telephonic hearing on a motion, contempt, pretrial, status conference or review hearing that is already scheduled, please contact the judicial representative (AJCM/Sessions Clerk) for the judge assigned to your case by email (See Contact Information below). Please note that it is at the discretion of each judge whether the matter will be given a Virtual/telephonic hearing, and the conditions for same, including, for example, the filing of a short memorandum, financial statements, and an affidavit waiving an in-person hearing.
Further, each judge is reviewing their daily session lists on an ongoing basis to determine which cases should be continued and which cases could benefit from a Virtual/telephonic hearing. You may receive notices of reassignment in the mail, or, you may be contacted to have your case submit to a Virtual/telephonic hearing. If you receive a rescheduling order and wish to have a virtual/telephonic hearing prior to the hearing date, please follow the procedure in the preceding paragraph. All scheduling decisions are at the discretion of the assigned judge. Please note that any case that had been scheduled and reserved a motion time through the scheduling desk, but had not filed a hard copy of the motion, will be removed from the list and will not be rescheduled by the Court. Counsel or the moving party can file and reschedule the motion for a future date through the scheduling department.
We have set up separate conference lines for each non-emergency session to allow Judges to conduct more virtual hearings, including, if necessary, remotely.
Scheduling New Hearings:
Hearings on new non-emergency matters will be scheduled in the regular course for a date after June 1, 2020 only if a Motion or other pleading which requires a court date has been filed with the Court. These matters may be rescheduled or heard Virtually/Telephonically as the court determines in conjunction with recommendations and orders issued to address our operations under the COVID-19 pandemic.
Special Immigration Juvenile Status Cases:
All Special Immigration Juvenile Status cases which have hearings scheduled are being reviewed and if the child is turning 21 years old in the immediate future, those matters are being allowed administratively, if all the pleadings are in order, and if not, a virtual/telephonic hearing or expedited hearing is being scheduled.
Adoption Cases:
The Registry is contacting all adoption cases scheduled since March 16, 2020 to reschedule hearings. Parties may request, by motion, that an adoption be held Virtually/Telephonically. An in-court ceremony to commemorate the adoption may be scheduled for a later date.
Suspension of Drug Screens:
The Probation Department has suspended drug screens through the Court. Each judge has received a list of all cases from Probation wherein such screens were ordered to determine on an individual basis what action needs to be taken.
Service of Process/Motions for Alternate Service:
If you believe you will be unable to effectuate service in the traditional manner under the current circumstances, you must file a signed Motion for Alternate Service and Affidavit (visit www.mass.gov/courts for forms) that requests a specific alternate method of service which is reasonably calculated to notify the other parties (text, email, social media, overnight mail or other) and which meets due process requirements. See Section C for how to file.
Refer to order dated March 30, 2020 concerning service in cases under Rule 5(b) of the Massachusetts Rules of Civil Procedure and Probate and Family Court Standing Order 4-20 regarding Rule 5(b) of the Massachusetts Rules of Domestic Relations Procedure.
Copies:
All Letters of Appointment, Certificates and Certified Copies will continue to be processed by regular means. You may call 617-768-5905 for more information on how to make a request or email [email protected] with the subject: Copy Request.
Off-Site Records:
Records requests from our archive or storage location may still be made. You may email [email protected]. Registry representatives will scan and email the plain copies to you at the email address used to make your initial request. Any fees for copies provided in this manner must be paid by credit card charge to be made by court cashier over the phone.
E. Deadlines that are not tolled:
Paragraph H of Standing Order 2 – 20, as amended June 1, 2020 states that certain deadlines that expired or will expire at any time from March 17, 2020, through June 30, 2020 are not tolled. These include:
1. Findings required by G. L. c. 208, § 1A; 2. Objection period in G. L. c. 208, § 21 so that judgment absolute may enter in divorce cases; 3. Time period to file an answer or any other responsive pleading to a contempt summons; 4. Time period to file an appearance or affidavit of objections pursuant to G. L. c. 190B, § 1-401; and 5. Time period to request a motion for a new trial or to amend findings and/or judgments in Rule 59.
A party who relied on Paragraph 12 of the April 1, 2020 Supreme Judicial Court Order OE-144 (effective April 6, 2020) to toll any of the above deadlines that expired between March 16, 2020 and May 4, 2020, may file a motion on or before June 30, 2020 to request relief. A guideline on how to request relief can be found at: https://www.mass.gov/doc/probate-and-family-court- guideline-on-how-to-request-relief-pursuant-to-standing-order-2-20/download.
Questions about deadlines should be directed to:
Our email address [email protected] which is monitored by Registry and Judicial staff who will provide a timely response.
F. Protocol in the event of a court closure by the Trial Court:
If the Court is temporarily closed for any reason during the COVID 19 pandemic, please utilize the email address [email protected] and provide your contact information and the best way to reach you. Messages shall be directed to the appropriate party for a response.
Emergency Filings should indicate “EMERGENCY” in the subject line and can be forwarded to the Court at [email protected] or to the Sessions Clerk/AJCM working with the Judge to whom the matter is assigned.
The emergency hotline 617-768-5906 will also provide information on how to address your matter while the court is closed.
G. Contact Information:
Given the reduced in-court staffing, the best way to contact court personnel is through email as it can be monitored remotely. Please be mindful that staff has been inundated with email communication during the pandemic. Whenever possible, please communicate with the opposing party/counsel about scheduling issues prior to initiating email contact with court personnel.
JUDGE AJCM/Session Clerk EMAIL ADDRESS Judge Allen Colin McKinnon [email protected] Judge Barbar Joanne O'Donnell [email protected] Judge Burchill Renee Khan [email protected] Judge Cafazzo Colin McKinnon [email protected] Judge Gargas Krishna Butaney [email protected] Judge McSweeny Lisa Casey [email protected] Judge Monks Alison McCrone [email protected] Judge Tetreau Renee Khan [email protected]
MIDDLESEX PROBATE AND FAMILY COURT EMERGENCY PROTOCOLS QUICK REFERENCE GUIDE
In-person access to the Court is now prohibited under all circumstances unless specifically authorized by the First Justice.
Emergencies: Hotline 617-768-5906 for immediate assistance
Non-Emergencies: E-File www.efilema.com, if permitted
Regular Mail Middlesex Probate and Family Court –South 208 Cambridge Street Cambridge, MA 02141
Middlesex Probate and Family Court – North Lowell Justice Center 370 Jackson Street – 5th Floor Lowell, MA 02141
Email [email protected] See Section C for requirements
General Inquiries*: Email [email protected] Please note this email is monitored remotely and is NOT for emergencies or filing pleadings unless the court is temporarily closed. Virtual Registry www.mass.gov/court/
File Requests: Email [email protected]
Scheduling: Notice of Hearings/Summonses for non-emergencies will be sent out by mail with dates after June 1, 2020.
Uncontested: Administratively allowed by a magistrate, when permitted by statute or standing order or by the Court, if submitted jointly, with all required filings
Pending Cases: Rescheduled by Court, notice received in the mail. Check the attorney portal or www.masscourts.org for updates.
For Virtual/telephonic hearings, email a request to the assigned judge’s AJCM/SC.
All within the discretion of the individual judge. MIDDLESEX COUNTY DIVISION CATCHMENT AREAS
MIDDLESEX - NORTH MIDDLESEX - SOUTH City/Town City/Town
Ashby Littleton Arlington Acton Lowell Belmont Ashland Marlboro Cambridge Ayer Maynard Everett Bedford Natick Lexington Billerica North Reading Malden Boxboro Pepperell Medford Burlington Reading Melrose Carlisle Sherborn Newton Chelmsford Shirley Somerville Concord Stow Stoneham Dracut Stow Wakefield Dunstable Sudbury Waltham Framingham Tewksbury Watertown Groton Townsend Weston Holliston Tyngsboro Winchester Hopkinton Wayland Woburn Hudson Westford Lincoln Wilmington
Middlesex Probate and Family Court Divisional Rules of Judicial Assignment Chart
City or Town Plaintiff/Petitioner City or Town of Subject
Complaint for Divorce (1A and 1B) Estate Cases (Informal and Formal)
Complaint for Separate Support Voluntary Administration
Complaint for Custody Public Administration
Registration or Modification of a Foreign Decree Guardian of Minor
Complaint for Annulment/Affirmation of Marriage Guardian of an Incapacitated Person
Complaint to Establish Paternity Conservator
Complaint for Custody/Support/Parenting Time Conservator for a Single Transaction
Complaint for Contempt Confirmation of a Health Care Proxy or Other Special Proceeding on HCP Complaint for Modification UAGPPJA Registration
Petition for Change of Name Elder Abuse
Petition for Adoption General Petitions
39M Petitions (SIJS) General Trust Petition
Complaints/Petitions in Equity (except Petitions to Petitions to Partition (Equity) Partition)
209A Abuse Prevention Petition Testamentary Guardianship (The city of the decedent, or, if admitted, the facility)
Grandparent Visitation Wills for Safekeeping
Marriage without Delay
Marriage of a Minor