Getting Copies of Hearing Tapes in Family Court Massachusetts

Lynch & Owens provides a comprehensive review of Massachusetts Probate & Family unit Court operations during the coronavirus crisis.

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[Concluding Updated 5/fifteen/2020]

From the earliest days of the Coronavirus crisis, Massachusetts courts take pursued ambitious plans to maintain services even as courtrooms take closed to live visitors for prophylactic reasons. Leading this response has been the state'southward Probate & Family unit Court Department, led by Principal Justice John D. Casey, who'southward efforts have included an open letter to Massachusetts parents afflicted by the crisis.

Many of the court system's responses tin can be found on the land'due south folio presenting the Massachusetts courtroom arrangement'southward response to COVID-19. However, the rapidly expanding list of special rules, orders and notices have turned into a tidal wave, in recent days. In this blog, we attempt to organize and present some of the new rules impacting Massachusetts Probate & Family Courts. We conclude the blog with observations virtually how courts are operating under the crisis.

UPDATE: five/15/xx: First Justice of the Plymouth Probate & Family Court Offers Guidance on Time to come Operations

In a letter shared through the Plymouth County Bar Clan, Hon. Edward G. Boyle, Iii, First Justice of the Plymouth Probate & Family Court has offered attorneys guidance on court operations in the weeks ahead. Among the changes on the fashion is an expansion of video and telephone hearings for not-emergency matters:

We look to aggrandize the number and types of matters to be heard in the about future. The Administrative office has secured zoom licenses for each judge. Trainings took identify last calendar week and additional trainings are scheduled this calendar week. Once the trainings are completed, it is expected that each judge volition conduct hearings on a daily footing.

I wait that each Judge volition carry Pre-Trial Conferences, Condition Conferences, Antipathy actions, Motions, Uncontested matters and Agency Sessions using telephonic conferencing or zoom technology. I shall start hearing matters that are currently scheduled. The matters that were scheduled, but not heard because of the shutdown, volition exist rescheduled for hearing during the next ii months. Days that were prepare aside for trials will exist used to hear those matters. Notices will be issued by the Court for those hearings.

Guess Boyle indicated that all trials will exist placed on hold indefinitely:

Trials will exist suspended until further find. Counsel and parties are encouraged to continue to see and discuss resolution of outstanding problems. If additional Court intervention would be beneficial to the parties/counsel in order to achieve a global resolution, the Courtroom will do all information technology tin can to be accommodating. Alternative Dispute alternatives should be fully explored by parties and counsel.

With trials on hold, it appears that the judges volition use the additional time in their schedule to grab up on the excess of cases that accumulated during the shutdown. Estimate Boyle noted that in order to participate, attorneys and litigants may demand internet-prepare devices and connections:

It will be necessary for the parties to take admission to devices that volition allow them to file memoranda, financial statements and other documents electronically.

He also indicated that a failure to file Pre-Trial Memoranda and Financial Statements in accelerate of hearings will upshot in continuances:

The way we conduct business in our Court will exist different going forrad. The days of filing Pre-Trial Memoranda, financial statements and kid support guidelines on the day of the conference are over. These documents volition need to be filed no later than x (10) days prior to the hearing. If they are not received according to this schedule, the matter may be taken off the list and rescheduled in the normal form. This will enable usa to backfill the fourth dimension slot allotted to the affair removed from the list.

Finally, he added that attorneys and litigants should familiarize themselves with all of the tools available in Zoom:

I urge all of you lot to familiarize yourselves with the zoom technology. In that location are several features y'all should become familiar with earlier participating in a hearing. Breakout rooms and waiting rooms are bachelor for users and I expect they will exist utilized during virtually hearings.

SJC Suggests Massachusetts Courts volition Stay Closed Until Summer, with Increment in Non-Emergency Video/Telephone Hearings in June

On May 15, 2020, the Supreme Judicial Courtroom delivered a alphabetic character to attorneys in Massachusetts suggesting that Massachusetts courts "will physically reopen this summer, merely simply in stages and but for sure matters that require in-person appearances." The letter of the alphabet touted the increasing use of phone and video hearings while declaring with about certainty that courts will not re-open in June:

Before May 4, the Trial Court was focused generally on emergency matters. Now every department, guided past new standing orders, is also hearing an increasing number of nonemergency matters where it is practicable to do so without an in-court hearing. We conceptualize that our courthouses will probable remain physically closed in June, only that the number and range of nonemergency matters adjudicated most in the Trial Court will continue to abound, such that the Trial Court will endeavor to handle nigh matters that exercise non require an in- person courtroom advent. Therefore, we are because whether to terminate the tolling of sure court deadlines sometime in June, so that most matters may be released from "litigation limbo" and move forwards in courts that are increasingly able virtually to act on those cases.

This raises the question of whether the courts volition attempt to resume "regular business", including hearing not-emergency motions, prior to the physical re-opening of courthouses in July or later on. The fundamental question focuses on which matters "exercise not require an in- person court appearance", every bit well equally the timing of the expansion of matters that tin can exist heard by video and phone. Even after courthouses re-open, the SJC reports that courts will continue to rely heavily on remote operations:

Even as courthouses reopen, we will withal need to conduct about court business virtually to reduce the number of lawyers, litigants, and courtroom personnel that come to the courthouse, so that those who must come tin practise so safely with the necessary social distancing. The days when our Trial Court welcomed approximately twoscore,000 persons a day into our courthouses are over, at least for the duration of the pandemic.

The letter of the alphabet acknowledges that certain matters, such as jury trials, must be conducted in person, while expressing promise that trials may resume in September, if schools reopen:

Nosotros hope that, in September, if schools reopen, nosotros will once once again brainstorm to conduct jury trials. But the challenges of conducting jury trials with social distancing during a pandemic are formidable, and will require the states to reimagine how juries are empaneled, where they volition sit during trial, and where they will deliberate so that jurors can both exist safe and experience safety. We are hard at piece of work trying to address those challenges, and it is premature to predict at present what information technology will look similar.

The SJC's current emergency gild closing courthouses expires on June i, 2020. We anticipate that the SJC volition enter a new order in the side by side two weeks that extends the physical closures through the end of June, while inviting Trial Departments (including the Probate & Family unit Court Department) to expand the number of not-emergency matters that are regularly heard past Courts in the concurrently.

UPDATE: 4/27/xx - Courts to Remain Closed Until June 1, 2020

The Massachusetts Supreme Judicial Court has extended the closure of Massachusetts courts for non-emergency matters until June i, 2020. The new club suggests that individual courts will continue to expand telephone/video hearings for certain not-emergency matters, but ultimately confirms that Massachusetts courts are unlikely to be fully open for business organisation for some time.

Courts Closed to Non-Emergency Matters, But Some Phone Hearings Continue

Probate & Family Courtroom Continuing Rule 2-twenty was initially enacted on March 17, 2020, with several amendments in the weeks that followed. The main elements of Standing Order 2-20 are:

• Limits in-person appearances at courthouses that cannot be resolved through a videoconference/telephonic hearing through at to the lowest degree May 4, 2020.

• Telephonic and/or video hearings are used for nigh emergencies.

• Pleadings mailed to the courtroom will continue to be processed and docketed past the courtroom.

• Each county Probate Court to issue orders defining what constitutes such an emergency, and the method for filing emergency motions.

• Unless otherwise ordered, all deadlines prepare forth in statutes or court rules, continuing orders, or guidelines that would otherwise expire May 4, 2020, are extended to at least that appointment.

Since Standing Order 2-20 was entered, the Courts have released several related orders and instructions, including:

• Contact info for emergency filings by telephone and e-mail. Filing methods for emergency motions applicable to all Probate Courts, including email/phone contacts for each court.

• County-by-County Emergency Filing Rules. Each canton has issued separate Guidelines for Performance When Court is Open for Emergency Matters During COVID-xix, including defining what constitutes an emergency and methods for filing emergency actions by county.

• Oftentimes Asked Questions (FAQ). Probate and Family Court FAQs Related to COVID-19 provides Q&A's for a diverseness of issues pertaining to Probate Courts and the coronavirus.

• Open letter of the alphabet from Principal Justice Casey dated March 24, 2020, providing that "Parenting orders are not stayed during this period. In fact, information technology is important that children spend time with both of their parents and that each parent have the opportunity to engage in family unit activities, where provided for past court order. In cases where a parent must self-quarantine or is otherwise restricted from having contact with others, both parents should cooperate to allow for parenting time by video briefing or telephone."

Other Orders Impacting Massachusetts Probate & Family unit Courts (Updated 4/14/2020)

In addition to Standing Order 2-20, other orders impacting Probate Courts include:

• Courtroom staffs reduced to limit spread of virus. On April 6, 2020, the SJC entered Trial Courtroom Emergency Administrative Order 20-7, which reduces court staff "to the minimum number of employees necessary to meet operational needs" with all other staff to "conduct their work remotely, to the extent feasible."

• Electronic signatures past judges and clerks allowed. On March 25, 2020, the SJC entered its guild concerning electronic signatures of judges and clerks. The order allowed all judges and clerks to sign court documents electronically.

• Electronic signatures by attorneys and self-represented parties allowed. On Apr 13, 2020, the SJC entered its order authorizing utilize of electronic signatures by attorneys and cocky-represented parties, which provides that, "In all courts and case types, whenever an attorney or self-represented party is required to sign a document to exist served on another party or filed with the court, the attorney or self-represented political party may electronically sign, unless the courtroom specifically orders otherwise. …. The electronic signature can take the form of either a scan of the chaser's or self-represented party's handwritten signature, an electronically inserted epitome intended to substitute for a signature, or a 's/ name of signatory' cake"

• Pleadings served by email instead of post. On April 2, 2020, Probate and Family Court Standing Guild 4-twenty was entered, providing that pleadings that are ordinarily served by mail can be served on attorney using email. For cocky-represented (pro se) parties, service by mail is yet required unless the pro se party consents in writing (email consent ok). The rule includes some exceptions and technical details worth reading in full. For example, the rule allows attorneys to sign affidavits on behalf of clients in certain circumstances.

• Up to ten days for emergency restraining orders. On March 17, 2020, General Trial Courtroom Emergency Administrative Club 20-5 regarding emergency restraining orders (effective March 19, 2020) entered, providing that "Judges serving on after-hours judicial response will accept 10 days to issue emergency restraining orders, harassment prevention orders, and extreme risk protection orders. All hearings regarding emergency protective orders volition exist held past phone conference or videoconference", with parties to contact the Court by phone at 9AM the morning following the issuance of the social club.

• Guardian ad litem Evaluations (GAL) investigations and reports delayed. On March xx, 2020, Probate and Family Court Standing Order 3-twenty extended all outstanding GAL appointments, investigations and reports to April 21, 2020 or later, with mechanisms congenital in for further extensions.

• Parent Teaching Classes tin be completed by video. On March 24, 2020, Temporary Subpoena to Probate and Family Court Standing Club 2-16: Parent Instruction Plan attendance provided that parents can attend "virtual" parent instruction classes or by watching a 5-hour DVD. Notably, parents are not relieved from their obligation to complete the class, but may apply an alternating method defined by the society. In person classes are postponed until at least May 1, 2020. Parents with questions about the parent instruction grade tin contact Christine Yurgelun of the Administrative Part of the Probate and Family Court at: christine.yurgelun@jud.state.ma.us.

Emergency Orders and Contact Information past County

The Courts have published divide instructions and contact information for filing emergency motions and other matters as follows:

Order past County (Click to View)	Email by County	Telephone by County
- Barnstable	barnstableprobate@jud.land.ma.us	(508) 375 6710
- Berkshire When Courtroom is Open	berkshireprobate@jud.state.ma.us	(413) 442-6941
- Berkshire When Court is Closed	berkshireprobate@jud.state.ma.united states	(413) 442-6941

- Bristol	bristolprobate@jud.land.ma.us	(508) 977-6040
- Dukes	dukesprobate@jud.country.ma.us	(508) 627-4703
- Essex When Court is Open	correspondences@jud.state.ma.us	Salem: (978) 740-4143 Lawrence: (978) 686-9692
- Essex When Courtroom is Airtight	correspondences@jud.land.ma.us	Salem: (978) 740-4143 Lawrence: (978) 686-9692
- Franklin	franklinprobate@jud.state.ma.us	(413) 775-7460
- Hampden When Court is Open	hampdenprobate@jud.land.ma.the states	(413) 748-7600
- Hampden When Court is Closed	hampdenprobate@jud.state.ma.us	(413) 748-7600
- Hampshire When Courtroom is Open up	hampdenprobate@jud.land.ma.us	(413) 748-7600
- Hampshire When Courtroom is Closed	hampshireprobate@jud.state.ma.us	(413) 586-8500
- Middlesex	middlesexprobate@jud.state.ma.usa	(617) 768-5800
- Nantucket	nantucketprobate@jud.land.ma.us	(508) 228-2669
- Norfolk	norfolkprobate@jud.land.ma.the states	(781) 830-1278
- Plymouth	plymouthprobate@jud.land.ma.us	(508) 897-5400
- Suffolk When Court is Open	suffolkquestions@jud.country.ma.united states of america	(617) 788-8300
- Suffolk When Court is Airtight	suffolkquestions@jud.country.ma.u.s.a.	(617) 788-8300
- Worcester	worcesterwpfc@jud.land.ma.united states of america	(508) 831-2200

To see if your courtroom is temporarily closed, visit the Trial Court's temporary court closures folio.

Tips and Observations from Massachusetts Probate & Family unit Attorneys (Updated 4/10/2020)

Despite the tidal moving ridge of new rules, orders and instructions from Massachusetts Probate & Family unit courts in the last month, many unknowns remain for attorneys and litigants. Below are some tips and observations from our attorneys. Delight notation that in this quickly irresolute environment, all of the post-obit could exist replaced with new orders, instructions and common practices at virtually any fourth dimension.

Delight note that the post-obit observations are offered for informational purposes only. Individuals should directly all questions to their county'southward Probate & Family Court past telephone or email.

• Filing Emergency Motions by Electronic mail. Although each court has provided rules for filing emergency matters, the level of detail in each canton's order varies. In general, we are told that that the preferred method for filing emergency matters is currently e-mail. If the filing requires specific forms (such equally a 209A restraining gild), individuals should ship an e-mail to the court requesting the forms. For domestic relations cases, emergency motions should be accompanied by an affirmation or sworn statement explaining why at that place is an emergency. Emergency modifications should include a Complaint for Modification, an Emergency Motion and affidavit of emergency. Emergency Contempts should include a Complaint for Contempt and affidavit of emergency. Email filers must include a telephone number. Court staff will respond by phone or email with feedback, including a time for a phone conference with a approximate.

• What constitutes an "emergency" during the outbreak? Although each courtroom has issued its own instructions for emergency filings, the state's Probate & Family unit Courtroom Coronavirus FAQ provides a helpful general definition: "You may exist asked to write a statement explaining your emergency. "Infrequent/exigent circumstances" mean that the matter is serious and immediate, and that significant damage may occur if the case cannot exist filed and heard. The Court may tell you that you lot need to requite someone notice before a hearing can be held." Individuals are instructed to contact their courtroom by phone or email if they are unsure if there is an emergency. Court forms are bachelor here.

• E-Filing for Contest Divorce Filings Expanded. Massachusetts attorneys have been able to "eastward-file" complaints for divorce in Massachusetts for some time. We are told that the state'south e-file system is now available to self-represented individuals. In add-on to filing a contested Complaints for Divorce, we are told that east-filing is now the preferred method for filing motions, financial statements and other pleadings in open divorce cases. Unfortunately, the east-file organization is not bachelor for modification and contempt filings. (Parties/counsel who e-file pleadings should non file the same pleadings past mail or email. File using only one method to forbid confusion.)

• Filing 1A Joint Petitions for Divorce. All Massachusetts courts continue to take Joint Petitions for Divorce by Mail service. Many courts appear to be accepting 1A filings by electronic mail (but see 4/10/2020 update below re hearings in Barnstable, which is currently restricted to mailed pleadings.) For filings by email, it is important to include a telephone number for the Court, as at least some courts are calling individuals and then that the filing fee can be paid past credit carte du jour. Prior to filing past email, parties are encouraged to contact the court past phone or e-mail to confirm that email filings (and payment by filing fees by credit bill of fare over phone) are accepted in that canton. Individuals who submit 1A petitions past email should not post copies of the aforementioned petition to the court.

• Hearings to Corroborate Separation Agreements for 1A Divorces. Separation Agreements filed by Joint Petition require a hearing before a judge before they can exist approved. All courts accept delayed hearings on 1A divorce agreements. However, some counties appear to be scheduling phone hearings for judges to approve 1A agreements. Understanding with ambiguities or errors are less likely to be approved by a telephone hearing. Information technology is essential to provide the court with accurate and easy to find contact information (telephone and email) for both parties. Many courts are not shortly scheduling 1A hearings at this fourth dimension. Please be courteous and patient when asking if a telephone hearing is available in your county. Courts volition schedule hearings on a get-go filed, showtime heard basis.

  • 4/ten/twenty Update: Barnstable Probate & Family Court has announced that it will begin scheduling hearings to approve Joint Petition (1A) divorce agreements that are filed subsequently April 13, 2020. The new policy in Barnstable requires joint petitions to Post their documents and filing fee to the Courtroom and does not appear to be available to individuals who email joint petitions to the Courtroom at this time.

• Parties encouraged to file Complaints for Modification immediately. Although courts are not hearing not-emergency motions on Complaints for Modification, courts are strongly encouraging parties not to delay in filing Complaints for Modification and Motion for Temporary Orders following chore loss or whatever other change in circumstances. We are hearing that judges are likely to grant retroactive relief back to the date of filing. Moreover, not-emergency motions are likely to be scheduled for hearings in the lodge they are received when courts re-open up. All courts accept filing of Complaints for Modification by mail (with a check for the filing fee enclosed). Virtually courts are accepting non-emergency Complaints for Modification by email, with Court staff calling email filers to pay filing fees by credit card over the phone.

• Parties encouraged to file Complaints for Contempt immediately. As with modifications, Massachusetts courts are not hearing non-emergency Complaints for Contempt at this fourth dimension. However, courts continue to accept new filings by mail service, and we are told that hearings volition exist scheduled for contempts on showtime-filed, offset heard basis. Most courts are accepting non-emergency Complaints for Antipathy by electronic mail, with Courtroom staff calling email filers to pay the summons fee by credit card over the phone.

• Service past Email for Complaints for Contempt/Modification. We are told that many courts are administratively allowing motions for alternating service, in which a political party/chaser asks to serve a complaint for contempt/modification of summons on the opposing party by email due to the coronavirus crisis. Such motions should be filed with the complaint, include the opposing party's email address, and asking authoritative approval by the court without the need for a hearing. Courts continue to docket and process complaints as they arrive, and to issue summons.

• Some courts may be airtight completely due to quarantining rules. Although courts are closed to in person hearings, nearly courts remain staffed and operating. Withal, a steady stream of courts have been forced to shut for fourteen-solar day periods due to one or more staff member experiencing symptoms. The courtroom maintains a running list of airtight courthouses hither. Individuals or attorneys who are unable to contact their courtroom directly should telephone call the state-wide Help Line at 833-91COURT, which his staffed from eight:30am – 4:30pm, Monday through Friday. Individuals seeking a restraining lodge when their Probate Courtroom is airtight should first contact their local District Court, then contact the SAFEPLAN Programme.

• Motions can exist decided on pleadings by request. We hear that most judges will decide most any consequence "on the pleadings" (i.e. based on written filings without hearing) if both parties agree. Parties should file a Articulation Movement for Determination on the Pleadings along with each party'south move/opposition with a supporting affidavit.

• Judges will schedule telephone hearings on some non-emergency matters if the parties agree. Although courts are not by and large hearing not-emergency matters, some judges may schedule phone hearings on non-emergency matters if the parties agree. Counsel and parties are advised to contact the court earlier preparing all-encompassing pleadings, as judges may not be available.

• Other than Separation Agreements, well-nigh signed stipulations and agreements volition be entered without a hearing. Although Separation Agreements still crave a hearing, most stipulations for temporary orders, as well equally agreements for judgment entered on modification, antipathy and 209C actions will exist allowed by the court without a hearing. Parties/counsel may need to file a joint motion to let stipulation.

• Videoconferencing options limited. Although the court is to hearing matters via video conferencing, we are hearing that budgetary issues and staff limitations are preventing the widespread adoption of video hearings in the Probate Courts. The utilize of phone conference hearings is widespread.

More Coronavirus Coverage from Lynch & Owens

The attorneys of Lynch & Owens have been blogging virtually the touch of the coronavirus on divorce and family unit law problems, every bit well as Massachusetts Probate & Family Courts, since the earliest days of the pandemic. Our coverage has been featured in the New York Times and the Boston Globe. Check out the links below for more than Covid-19 coverage from Lynch & Owens.

Coronavirus Impacts on Family Law:

• Ix Means to Program for Divorce During Quarantine (five/13/20)
• Inquire Our Attorneys: How has the Coronavirus Impacted Family Law in Massachusetts? (5/six/20)
• Coronavirus News: Enforcing Child Support and Alimony Orders During the Crisis (4/vii/20)
• Massive Coronavirus Layoffs Trigger Child Support and Pension Reductions Across MA and US (3/19/20 with updates)
• Coronavirus Court Closures: How Covid-19 is Shutting Courts in Divorce and Family Law Cases (3/14/xx with updates)
• Can Coronavirus Fears Allow Parents to Abolish Court-Ordered Visitation? (3/2/20 with multiple updates)

Massachusetts Probate & Family unit Court Updates:

• Coronavirus News: Mass. Probate & Family Courts Release Tidal Moving ridge of New Rules (four/ix/20 with multiple updates)
• Coronavirus News: County-past-County Info for Massachusetts Probate & Family Courts (3/26/xx with multiple updates)
• Massachusetts Trial Court Announces Comprehensive Response to Coronavirus for MA Courts (3/xv/twenty with updates)

Mediation and Coronavirus:

• Mediation is the Best Divorce Option During the Coronavirus Crisis (four/15/xx)
• Court Filings and Covid-19: How to File Agreements in MA Probate & Family Courts During Crisis (four/9/20)
• Surviving Coronavirus: Video Mediation for Divorce and Family unit Police Issues (three/nineteen/xx)

Other media featuring Lynch & Owens and coronavirus:

• NY Times: For Divorced Parents, Navigating Coronavirus Is a Balancing Human action (3/27/xx)
• Boston Globe: For divorced couples with children, coronavirus creates added challenges (iv/10/xx)

A Message to Our Readers Outside of Massachusetts

As a Massachusetts law firm, much of the data provided in our blogs is tailored to Massachusetts law and practices. Although portions of this and our other blogs covering coronavirus-related issues are probable to be broadly applicable outside of Massachusetts, information technology is important to note that every state has its ain specific body of law and domestic relations best practices that tin differ from Massachusetts in important ways. The options available to individuals facing domestic relations concerns during the coronavirus outbreak may also be greatly impacted by local courtroom closures and regime restrictions that are specific to your area, such as state-mandated quarantine and shelter in place orders. Please consult with a legal professional in your state for guidance.

Coronavirus Related Legal Services at Lynch & Owens

Lynch & Owens has adjusted our service delivery model in response to the coronavirus crisis. In addition to providing traditional divorce and family unit representation, during the outbreak, we are focused on delivering rapid-response legal services (including same-day service) to clients facing emergency financial and kid-related issues, as well as assisting self-represented clients with certificate training and filings while the courts are closed for most regular business organisation.

Clients can schedule aforementioned-day, ane-hr paid consultations with our attorneys by phone and we are accepting retainers as low equally $750 for additional consultation services. We are as well offering same-day video arbitration for parents, spouses and former spouses who are seeking to mediate coronavirus-related issues such as visitation, parenting time, and kid support and pension orders impacted past layoffs and unemployment. Our staff and attorneys take total remote admission to all our office'south resource in the event of mandatory quarantine or shelter-in-place order.

Please run into our defended Coronavirus Legal Services page and Coronavirus Mediation Services page for more than about services provided by Lynch & Owens and S Shore Divorce Arbitration during the coronavirus crisis.

About the Author: Jason Five. Owens is a Massachusetts divorce lawyer and family law attorney for Lynch & Owens, located in Hingham, Massachusetts and East Sandwich, Massachusetts. He is too a mediator for South Shore Divorce Arbitration.

Schedule a consultation with Jason V. Owens today at (781) 253-2049 or send him an e-mail.

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