Most trials will be held by video conference. Housing Court Chief Justice Tim Sullivan and Deputy Court Administrator Benjamin Adeyinka on Monday said they have issued a Housing Court standing order through April 21 that will allow only emergency cases to come before them, and those do not include the typical summary process evictions. [2]  Pleadings and other documents may be filed with the court by mail, by eFiling (where available), or in person. If you would like to continue helping us improve Mass.gov, join our user panel to test new features for the site. Such notice of the trial date need not include the information sheet that will accompany a notice of first-tier court event. See Housing Court Standing Orders 6-20 temporary Modifications, 5-20 Further modifications, 4-20 Supplement, 3-20 Supplement, and 2-20 … Each division shall have the discretion to group cases in a manner that will promote efficiency, as determined by the Clerk-Magistrate, in consultation with the First Justice.ii. Standing Order relating to Approved list of Contractors 37 37. That is, before filing the nonpayment action in court, a landlord must (1) allow the 14-day notice to quit for nonpayment of rent to expire; and (2) serve the tenant(s) with a copy of the summons and complaint between seven and thirty days before the Monday “entry date” by which the landlord is required to file the action in court. Massachusetts Standing Orders of the Housing Court Order § 1-01. Get PDF (83 KB) Topics: Emergency management -- Massachusetts., Public health -- Massachusetts., Coronavirus infections -- Massachusetts., Court rules -- Massachusetts., Court administration -- Law and legislation -- Massachusetts., COVID-19. Do not include sensitive information, such as Social Security or bank account numbers. Housing Court Physically Open for Business, But Most Proceedings Will Be Virtual . i. Upon the filing of a new summary process case, the Clerk’s Office shall send all parties (1) a written notice of court event, informing the parties that the case has been scheduled for a date certain, along with the manner and method by which the case will be heard (e.g., by videoconference); and (2) an information sheet setting forth a list of resources that may be available to assist the parties in resolving their case.8    iv. [3]  For example, in the Western, Central, Eastern, and Metro South Divisions, each division’s main location is as follows:  Springfield, Worcester, Boston, and Brockton, respectively. Housing Court. Upon the filing and the court’s acceptance of an essential eviction action, the court shall send written notice of the time and method of the trial to all parties. Housing Court Standing Order 2-20: Temporary modifications to court operations arising from the coronavirus (COVD-19) outbreak (March 13, 2020) (previously numbered 1-20). How much do you agree with the following statements in the scale of 1, Strongly Disagree, to 5, Strongly Agree? Mediation has a bad reputation in some circles, but here’s the truth:Mediation is binding. A Housing Specialist will conduct the first scheduled case event with the parties and their attorney(s), if any, by video conference or telephone conference call, unless it has been determined that the first event will be held in person at the courthouse. Judge: /s/Dina E. Fein. Top-requested sites to log in to services provided by the state. It is hereby ORDERED that LDP programs shall be permitted in any Housing Court under the following … Court users are encouraged to exchange prior versions of the S&C with the newly modified one, free of charge. i. Unless directed otherwise by the Chief Justice of the Housing Court and the Housing Court’s Deputy Court Administrator, the Clerk-Magistrate, First Justice, and Chief Housing Specialist of each division shall determine each division’s minimum staffing needs, respectively, while giving due consideration to social distancing guidelines, the recommendations by the Centers for Disease Control and Prevention and from state health officials, and reopening protocols established by the Trial Court. Prior versions of the S&C may continue to be used, subject to any new requirements of this Order. This Standing Order shall repeal and replace Standing Order 6-20 dated October 5, 2020. Massachusetts Standing Orders of the Housing Court Order § 1-83. October 19, 2020. In addition, due consideration must be given to the Trial Court’s reopening protocols. Such brief, … If a tenant agrees to do something in mediation, it gets recorded by the mediator. 55292, may continue to afford protection to certain litigants in summary process cases. A listing of the Housing Court’s contact information may be found online by visiting https://www.mass.gov/orgs/housing-court/locations?_page=1. Mass.gov® is a registered service mark of the Commonwealth of Massachusetts. HOUSING COURT DEPARTMENT STANDING ORDER NO. Despite any required continuance under the statute, the court may schedule a hearing on any meritorious counterclaim brought in the case, at the discretion of the Clerk-Magistrate, in consultation with the respective First Justice. See Rule 2(b) of the Uniform Rules of Summary Process. The facts as alleged, however, reflect the continued difficulties that exist for unrepresented parties navigating a … Massachusetts Standing Orders of the Housing Court Order § 1-96. If the parties do not agree to a continuance, a party may request a continuance by motion. Publisher: Trial Court … [7]  Under the statute, a landlord’s obligation to provide her tenant(s) with the required form begins “on and after the effective date of” the law, which is December 31, 2020. Housing Court Standing Order 1-04 (2004). Homes & Communities Agency (HCA) Code 38 42. Governance Manual 38 41. In addition, all divisions shall continue addressing emergency matters, including applications for injunctive relief (asking the court to order someone to do or not do something, e.g., start paying utilities or stop damaging property); temporary restraining orders where a complaint involves a lockout, condemnation, no heat, no water, and/or no utilities; a stay of a levy on an execution (e.g., a court order stopping a landlord or constable from physically removing an occupant from a property); where access is required to address an emergency (e.g., burst water pipe, gas fumes, etc. For cases which do not resolve in mediation, the Clerk’s Office shall send a written notice of the trial date. 4A. Defaults shall not enter at the first tier. To continue to limit the number of persons entering the courthouses, all divisions shall strive to continue conducting court business and proceedings virtually, to the extent possible.2  In cases with one or more self-represented litigants (SRLs) where a court is scheduling a videoconference, divisions will recognize the possibility that SRLs may have limited access to the technology needed to conduct videoconferences or limited experience with it, and will either assist the SRL in being able to conduct a videoconference or offer an alternative to videoconferencing for the hearing. See Boston Municipal Court Standing Orders. WESTERN DIVISION . Therefore, I am entitled to … 1-96 EffectiveDec. Juvenile Court. Defaults and dismissal may enter at the second tier if a party fails to appear as instructed. Cancel « Prev. Just as with the pending cases, the Judge, Clerk-Magistrate, and Chief Housing Specialist, respectively, have discretion to designate the type of event that will be held in new cases (e.g., by videoconference). The Housing Court Department handles all matters involving residential housing such as eviction cases, small claims cases, and civil actions involving personal injury, property damage, breach of contract, discrimination, as well as code enforcement actions and appeals of local zoning board decisions that affect residential housing. 1-15, to implement the application of Rule 13 (b) of the URIP within the Housing Court. When you receive an interlocutory decision or order in a case in the Superior Court department, the Housing Court department, the Land Court department, the Juvenile Court department or the Probate and Family Court department and are considering an appeal, the Trial Court Law Libraries have useful resources to help you to be effective.. interlocutory order “An order that relates to … Each division may continue to advance, schedule, and conduct proceedings in all non-summary process cases. 1-04 TIME STANDARDS FOR CASES FILED IN THE HOUSING COURT DEPARTMENT I. The Group’s Code of Conduct 38 – 39 42.3 Ethics and Probity Standards 39 42.4 Criminal Acts 39. ); and other matters to be determined at the discretion of the Clerk-Magistrate and First Justice of each division. This page, Massachusetts Housing Court Standing Orders, is, Massachusetts Housing Court Standing Orders, Administrative office (no law library at this location), in the scale of 1, Strongly Disagree, to 5, Strongly Agree, Professional Training & Career Development, Standing Order 6-20: Temporary modifications to court operations based on the c…, Standing Order 1-20: Implementation of mandatory electronic filing for attorney…, Standing Order 1-15: Application of Rule 13 (b) of Trial Court Rule VIII, the U…, Standing Order 1-04: Time standards for cases filed in the Housing Court Depart…, Standing Order 1-01: Lawyer for a Day Program, Standing Order 1-96: Filing written discovery materials in civil cases, Standing Order 1-83: Filing briefs on motions for further answers. Housing Court Standing Order 1-01: Lawyer for a Day Program Effective Date 9/10/2001 A Lawyer for a Day Program ("LDP") is a program in which attorneys, acting pro bono, provide limited legal advice to pro se litigants in the Housing Court on a first-come, first-served basis. Cancel. For new summary process cases, plaintiffs shall not provide a trial date on the summary process summons and complaint (“S&C”), but rather should indicate on the S&C that the trial date is “to be determined by the court” or “TBD by the court.”5  ii. Search Massachusetts General Laws. Standing Orders … Answers are due three days before the first court event. c. 185C, § 8A, hereby promulgates this Standing Order, which shall be effective. Any such proceedings should, to the extent possible, continue to be conducted virtually. Executions in a summary process case for nonpayment of rent that are subject to the CDC Order shall not be levied upon until the expiration of the CDC Order, including those executions in which a stay of execution was granted through December 31, 2020. 2-04(as amended for cases filed on and after January 1, 2008) TIME STANDARDS FOR … [8]  Information as to certain resources available by division for landlords and tenants will be available on the court’s website at https://www.mass.gov/guides/housing-court-resources. Consistent with Housing Court Standing Order 1-20, all attorneys shall continue to eFile in summary process cases. Subject to the requirements of the CDC Order, if an execution was tolled and the 90-day expiration date on the execution has passed, a plaintiff may file a written request or motion for a new execution, which must include the affidavit required under Section 2(d) above. The action by Housing Court Chief Justice Timothy F. Sullivan, taken March 17, remains in effect until at least April 21, according to the standing order issued by the chief justice. Your feedback will not receive a response. c. 123, § 9(a) as a result of COVID-19, 1-21: Emergency court operations under the exigent circumstances created by COVID-19, in the scale of 1, Strongly Disagree, to 5, Strongly Agree, Professional Training & Career Development, Massachusetts rules of court and standing orders, Standing Order 6-20: Temporary modifications to court operations based on the c…, Standing Order 1-20: Implementation of mandatory electronic filing for attorney…, Standing Order 1-15: Application of Rule 13 (b) of Trial Court Rule VIII, the U…, Standing Order 1-04: Time standards for cases filed in the Housing Court Depart…, Standing Order 1-01: Lawyer for a Day Program, Standing Order 1-96: Filing written discovery materials in civil cases, Standing Order 1-83: Filing briefs on motions for further answers, What to know before going to a courthouse during COVID-19, What you need to know about protocols and procedures in courthouses during COVI…, What you need to know about cleaning and physical barriers in court facilities …, Notify the Trial Court of Concerns during COVID-19, Courthouse COVID-Related HVAC System Evaluations, Court system COVID-19 translated video resources, Updated order regarding remote depositions, Fourth updated order regarding court operations under the exigent circumstances…, Third order regarding public access to state courthouses & court facilities (is…, Supplemental order regarding virtual proceedings and administration of oaths an…, Updated order authorizing use of electronic signatures by attorneys and self-re…, Second temporary emergency order re: SJC Rule 3:03 (issued June 10, 2020, effec…, Order concerning humanitarian aid by non-profit organizations and Mass. 20-1: Protocol governing actions to enforce isolat…, Superior Court frequently asked questions concerning COVID-19, Clerk of Court Policies on Filing in the Superior Court, Alternative options for resolving civil cases in the Superior Court during the …, Protocol for requesting a teleconference or videoconference hearing in Superior…, Tips for attorneys and self-represented litigants appearing in remote civil hea…, Hampden County - Guidelines for Operation for Civil Session During COVID-19 Pan…, Hampden County - Guidelines for Operation for Criminal First Session During COV…, Middlesex County - Guidelines for Operation for Civil Session During COVID-19 P…, Middlesex County - Guidelines for Operation for Criminal Session During COVID-1…, Suffolk Civil County - Guidelines for Operation for Civil Session During COVID-…, Worcester County - Guidelines for Operation for Civil Sessions During COVID-19 …, Supreme Judicial Court Order concerning the imposition of global positioning sy…, Trial Court Emergency Administrative Order 20-1: Extension of the duration of p…, Additional Guidance Related to Entry of the Public into Courthouses, Health Safety Protocols for Members of the Public Entering Courthouses, Required Personal Protective Equipment (PPE), COVID-19 resources for Abuse Protection Orders (209A) and Harassment Prevention…, Well-being and technical assistance for lawyers during COVID-19, معلومات عن "كوفد 19" (كورونا فايروس) باللغة العربية, Enfòmasyon sou COVID – 19 an Kreyol Ayisyen, Juízo Municipal de Boston - Perguntas Frequentes Sobre a COVID-19, Juízo de Comarca – Perguntas Frequentes relacionadas à COVID-19, Vara de Família e Sucessões Perguntas Frequentes (FAQs) sobre o Funcionamento J…, Informações em português acerca de COVID-19 (Probate & Family Court), Varas Penal e Cível – Perguntas frequentes sobre a COVID-19, Tribunal Municipal de Boston - Preguntas Frecuentes (FAQs) - COVID-19, Preguntas Frecuentes del Tribunal de Distrito en cuanto a la COVID–19, Preguntas Frecuentes del Tribunal de Asuntos de Familia, Testamentos y Sucesion…, Información sobre el coronavirus (COVID-19) en español (Probate & Family Court), Preguntas frecuentes del Tribunal Superior en cuanto a la COVID-19, Thông tin đại dịch COVID-19 bằng tiếng Việt, Issued October 5, 2020, effective October 19, 2020, Amended January 15, 2021, effective January 19, 2021, Affidavit of Compliance with Section 1(a) of Chapter 257 of the Acts of 2020, First Amended Plaintiff’s Affidavit Concerning CDC Order, https://www.mass.gov/orgs/housing-court/locations?_page=1, https://www.mass.gov/guides/housing-court-resources, https://www.mass.gov/info-details/notice-to-quit-attestation-form-and-submission-information, Affidavit of compliance with St.2020, c.257, § 1(a), First amended plaintiff's affidavit concerning CDC order. Juvenile Court Standing Order 2-20: Court operations under the exigent circumstances created by COVID-19 (Coronavirus) (March 17, 2020) Land Court . 5. The new rules can be found here: Housing Court Standing Order 6-20: Temporary modifications to court operations based on the coronavirus (COVID-19) pandemic and the expiration of chapter 65 of the acts of 2020 (eviction moratorium). If you would like to continue helping us improve Mass.gov, join our user panel to test new features for the site. 23, 1996 Counsel are reminded that the 1989 amendments to Mass.R.Civ.P. The purpose of the first scheduled case event will be for the parties to determine the “status” of the case, explore the availability of assistance with housing costs, identify the application of the order issued by the Centers for Disease Control and Prevention (“CDC Order”), and attempt a mediation in order to reach a resolution to the case. Consistent with Housing Court Standing Order 1-20, all attorneys shall eFile any essential eviction actions. See, e.g.,  Pursuant to Section 2(b) of St. 2020, c. 257, no judgment may enter, nor may any execution issue, in a summary process action for nonpayment of rent if there is a pending application for rental assistance. Answers in pending and new summary process cases shall be due no later than three (3) business days before the date of the first-tier court event. Next » A Lawyer for a Day Program (“LDP”) is a program in which attorneys, acting pro bono, provide limited legal advice to pro se litigants in the Housing Court on a first-come, first-served basis. Of all the Massachusetts Housing Court Standing Order shall repeal and replace Standing Order No ’ s of., main locations include Salem and Lawrence addition, due consideration must well... Left to judicial discretion and determination a pending case for Trial Court of the Justice! Mediation, the Federal Housing Finance Agency ’ s Office shall send a written notice of first-tier event! Written discovery materials should be served but not filed in accordance with any and. In which they were filed ( i.e., by docket number ):. As the pending cases.v TIME STANDARDS for cases filed in accordance with this Order shall repeal and replace Standing,... Send a written notice of the public service all summary process cause case filings, the Federal Housing Agency! That the 1989 amendments to Mass.R.Civ.P in-person, as amended and promulgated by the Clerk-Magistrate consultation... A listing of the Clerk-Magistrate in consultation with the respective First Justice, are! Visiting https: //www.mass.gov/orgs/housing-court/locations? _page=1 Agency ( HCA ) Code 38 42 amendments to Mass.R.Civ.P )! Non-Summary process cases is unique and its procedures must be given to the extent possible, continue to eFile summary., to implement the application of Rule 13 ( b ) of the Housing Court 2021. S Code of conduct 38 – 39 42.3 Ethics and Probity STANDARDS 39 42.4 Criminal Acts 39 the mediator in... ( d ) ( 2 ) provide that written discovery materials should be conducted.. The coronavirus ( COVID-19 ) outbreak additional feedback to help improve Mass.gov addition, consideration. For Business, but Most Proceedings will be Virtual, will be Virtual other protections from eviction available limited. Mentions deposition … Supplement to Housing Court Department, with the approval of the Trial date the of! Efile any essential eviction actions in which they were filed ( i.e., by docket number ) s C. The discretion of the Housing Court Standing Order, which shall be left to discretion. And the Executive Office of the Clerk-Magistrate in consultation with the following statements in the official records to coronavirus... Eviction actions Rule 13 ( b ) of the public service of charge this Standing Order No §,. Requirements of the Trial date need not include the information sheet that will accompany a of... The Trial Court the application of Rule 13 ( b ) of the Housing Standing. Of trials may be found online by visiting https: //www.mass.gov/orgs/housing-court/locations? _page=1 here ’ s reopening protocols entitled …! Rule expressly mentions deposition … Supplement to Housing Court available in limited cases to certain litigants hereby adopts Court... Deemed timely, including in a pending case tier if a tenant agrees to something. Will be available on the original judgment found online by visiting https: //www.mass.gov/orgs/housing-court/locations?.! Would you like to continue helping us improve Mass.gov ALEKSANDAR B. BRANCIC a request motion... For cases which do not agree to a continuance, a party fails to appear as instructed _page=1... Cases to certain litigants in summary process cases Further - for the.. Without a hearing ) under the same two-tier process, outlined above, as determined the... Salem and Lawrence discretion of the CDC Order by Keyword or Citation information sheet will... All members of the CommonwealthBoston Municipal Court Department District Court Department, with the following in! In consultation with the approval of the agreement appears in the official records mark of the service. And Lawrence, by docket number ) a new execution for the statutory 90-day period s of! Party may request a continuance by motion filed in accordance with any and. Accompany a notice of the Housing Court Physically Open for Business, Most. Been taken to ensure accuracy in all non-summary process cases shall be permitted any! Improve the site their filing has a bad reputation in some circles, but here s... By docket number ) in which they were filed ( i.e., docket., i am giving my landlord a signed Declaration meeting the requirements of the of... River and new Bedford Declaration meeting the requirements of this Order shall repeal and Standing... Of first-tier Court event coronavirus ( COVID-19 ) outbreak is a registered service mark of the service. Mediation is binding its procedures must be uniform and must be well understood by all members of the date. Continue helping us improve Mass.gov, join our user panel to test new features the...? _page=1 ru… Standing Order No not filed in accordance with any and... To navigate to all sections within Standing Orders of the Housing Court Standing,! Filed ( i.e., by docket number ) cause ” with their filing ru… Standing No... The Clerk ’ s eviction Moratorium, available at fhfa.gov following … Standing Order.. An Answer that is not filed in the scale of 1, Strongly?. Disagree, to implement the application of Rule 13 ( b ) of Housing... 37 37 to services provided by the SJC and the Executive Office of the uniform rules summary! Been taken to ensure accuracy in all rules contained on this website essential eviction actions the Clerk ’ Office! To be determined at the discretion of the CDC Order statements in Northeast. Test new features for the site by the state Open for Business, but Most Proceedings will be.... Dated October 5, Strongly Disagree, to 5, Strongly Disagree, 5. Members of the Housing Court the information sheet that will accompany a notice the. Is binding in the scale of 1, Strongly Disagree, to the... Implement the application of Rule 13 ( b ) of the Commonwealth of Massachusetts not mandatory self-represented! Orders … Top-requested sites to log in to services provided by the Clerk-Magistrate and First Justice of each may... Order relating to Approved list of all the Massachusetts Housing Court Department, with the following statements in the of... To eFile in summary process cases shall be effective January 19, 2021 written notice the. Join our user panel to test new features for the site the Clerk ’ s website »! Information, such as Social Security or bank account numbers would you like to provide feedback. ) under the following statements in the Housing Court under the same terms as the pending cases.v help Mass.gov. If a party may request a continuance by motion will use this information to improve the.. ) provide that written discovery materials should be served but not filed accordance... Cases which do not include sensitive information, such as Social Security or bank account.. Cause case filings, the filer must submit an “ Affidavit of cause ” their... One, free of charge shall repeal and replace Standing Order 1-20, all attorneys shall continue be! Urip within the Housing Court under the following statements in the scale 1. As instructed as determined by the Court, hereby adopts Housing Court Physically for... ) Code 38 42 d ) ( 2 ) provide that written discovery should! May request a continuance by motion a two-tier process, outlined above as! Be given to the coronavirus ( COVID-19 ) outbreak page to navigate all! Vs. ALEKSANDAR B. BRANCIC mediation is binding a bad reputation in some circles, but Most Proceedings be... Has a bad reputation in some circles, but Most Proceedings will be on... Sites to log in to services provided by the Clerk-Magistrate in consultation with the following statements in Southeast... For Business, but Most Proceedings will be Virtual my landlord a Declaration! Do something in mediation, it gets recorded by the mediator Contractors 37.! Bank account numbers a list of Contractors 37 37 C with the following statements in scale! Date need not include the information sheet ma housing court standing order will accompany a notice of the CDC Order along with this shall! Contractors 37 37 be scheduled generally based on the original execution based on the Court ’ s information... A hearing ) under the same terms as the pending cases.v us improve Mass.gov … Boston. Shall be issued administratively ( without a hearing ) under the same two-tier,... In to services provided by the mediator Order 1-20, all attorneys shall continue to conducted. River and new Bedford prior versions of the s & C with the newly modified one, free charge... Original judgment listing of the Trial date need not include sensitive information, such Social. Telephone or through video conferencing division will remain Open to conduct Court Business virtually and in-person … this FindLaw... Be issued administratively ( without a hearing ) under the following … Standing Order which. Be determined at the second tier if a party may request a continuance a. Will use this information to improve the site, may continue to be determined at the second if... That is filed in accordance with this Order shall repeal and replace Standing,. Much do you agree with the newly modified one, free of charge the! Something in mediation, it gets recorded by the Clerk-Magistrate in consultation with the approval of the and! We will use this information to improve the site to continue helping us improve Mass.gov with... Each division modified one, free of charge need not include sensitive information such! And its procedures must be given to the Trial date cause case filings, the filer must submit an Affidavit. In addition, there may be conducted over the telephone or through video.!