INTRODUCTION
This book is for people
who are considering representing themselves in a civil case
in a Massachusetts trial court. It is intended to provide
an overview of the court process in a civil case and direct
you to resources. In order to decide if this book might be
helpful, you will need to determine if your case is civil or
criminal.
- In a civil
case, the court is asked to resolve a dispute between
two parties. A party might be an individual, a corporation,
or a government agency. There are many types of civil
cases. Some examples are divorces, 209A restraining
orders, mental health procedures, eviction proceedings,
contract disputes, and personal injury claims. If you
are uncertain whether your case is civil, call your
local court.
- In a criminal case, the
State (the Commonwealth of Massachusetts), usually represented
by an Assistant District Attorney or an Assistant Attorney
General, charges a person with violating a criminal law.
Once you have determined that your case is a civil
case, you will need to determine in which court the case belongs.
This requires an understanding of some complex laws and court
rules.
There
are two types of trial courts in the Commonwealth of Massachusetts,
State and Federal. Some cases can be decided only in State
court, some can be decided only in Federal court, and some
can be decided in either State or Federal court. You need to
find out if your case belongs in State or Federal court.
If you determine that
your civil case belongs in State court, then you will need
to decide in which court department and division (location)
your case belongs.
Seven departments make
up the Massachusetts Trial Court. Each decides different kinds
of cases. Which types of cases each court department can decide
is established by law. The seven Trial Court departments are:
- The Boston Municipal
Court Department
- The District Court
Department
- The Housing Court Department
- The Juvenile Court Department
- The Land Court Department
- The Probate and Family
Court Department
- The Superior Court
Department
Each department has a number of divisions, or
locations, each covering a specific geographic area.
If you decide to proceed
with a civil case in a department of the Massachusetts Trial
Court, you will need to decide whether to work with a lawyer
or not. You have the right to represent yourself in court. If
you are thinking about proceeding without a lawyer, you should
know that representing yourself in court may be difficult and
will require research, time, and knowledge of the case law, applicable
statutes, procedures, standing orders and a variety of other
rules that govern the court process.
There are very limited situations,
such as a civil commitment or a termination of parental rights,
in which the court might appoint a lawyer to represent you in a
civil case. This book is not designed to assist people in
these limited situations.
If you want to hire a lawyer
to represent you, but think you cannot afford one, this book
will provide information about:
- whether legal assistance
might be available at no cost or reduced cost
- how to find a lawyer
to represent you at no cost or reduced cost
- a variety of legal fee
arrangements that might be available
If you are thinking about representing yourself
in court, this book will provide information about:
- what might be expected
of you
- what you can fairly expect
of the court and court staff
- important steps in a civil
case
- resources that may be
helpful
If you decide to represent yourself, you will be
held to the same standards and will be expected to know and follow
the same rules as a lawyer representing a client.
