Massachusetts Releases Standing Order 2-20: Filing Methods for Emergency Actions as defined by Probate and Family Court In Response to COVID-19 Pandemic | Practical Law

Massachusetts Releases Standing Order 2-20: Filing Methods for Emergency Actions as defined by Probate and Family Court In Response to COVID-19 Pandemic | Practical Law

On April 1, 2020, the Massachusetts Supreme Judicial Court issued an order continuing the restriction of court appearances to emergency matters until May, 4, 2020 in response to the COVID-19 pandemic. In response to the Supreme Judicial Court's order, Massachusetts Probate and Family Court has released Standing Order 2-20, which provides the categories of emergency actions and methods for filing.

Massachusetts Releases Standing Order 2-20: Filing Methods for Emergency Actions as defined by Probate and Family Court In Response to COVID-19 Pandemic

by Practical Law Trusts & Estates
Published on 02 Apr 2020 • Massachusetts
On April 1, 2020, the Massachusetts Supreme Judicial Court issued an order continuing the restriction of court appearances to emergency matters until May, 4, 2020 in response to the COVID-19 pandemic. In response to the Supreme Judicial Court's order, Massachusetts Probate and Family Court has released Standing Order 2-20, which provides the categories of emergency actions and methods for filing.
On April 1, 2020, the Massachusetts Supreme Judicial Court issued an order continuing the restriction of court appearances to emergency matters. This order is in response to the COVID-19 pandemic. Under the order, courts in Massachusetts, including the Probate and Family Court, are closed to the public except for emergency matters until May 4th at the earliest.
In response, the Probate and Family Court has released: Filing Methods for Emergency Actions as defined by Probate and Family Court Standing Order 2-20: Court Operations under the Exigent Circumstances Created by COVID-19. The standing order provides instruction on what is considered an emergency action in Probate and Family Court, the proceeding, and the method of filing. Emergency actions include items such as:
  • Petitions or 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.
  • Petitions seeking appointment of a temporary guardian or conservator.
  • Health Care Proxy actions.
  • Petitions or motions for appointment of a special personal representative.
  • Petitions for marriage without delay.
  • Complaints for dependency if the child will turn 21 before May 1, 2020.
  • All requests for injunctive relief, including:
    • motions for temporary orders where exceptional/exigent circumstances have been demonstrated;
    • contempt actions where exceptional/exigent circumstances have been demonstrated; and
    • complaints for protection from abuse.
Most emergency actions are to be filed via e-mail, the order provides e-mail addresses and telephone numbers for the divisions of the probate court in the Commonwealth.
For further information on court closures and procedures, see https://www.mass.gov/guides/court-system-response-to-covid-19.