I. Purpose and Applicability
The purpose of this Standing Order is to establish a pilot process within a single division of the District Court Department that will permit litigants to electronically file and serve certain documents by electronic means. The goal of the pilot court site shall be to facilitate the prompt and efficient disposition of civil cases, to provide enhanced service to the public, and to increase efficiency in the Massachusetts courts by reducing the expense and delay of civil litigation in the District Court Department. To achieve this end the Worcester Division of the District Court Department is designated as the pilot site for electronic filing and as of the effective date of this Standing Order will be authorized to receive and send documents, orders, and judgments through electronic filing under the Interim Electronic Filing Rules/or Pilot Courts (2015).
II. Designation of Pilot Site
The designated pilot site to implement electronic filing for the District Court Department will be the Worcester Division, located at 225 Main Street, Worcester, MA 01608-1203. Unless otherwise ordered by the Chief Justice of the District Court Department, the electronic filing pilot project will continue for one year from the date of this Standing Order.
III. Scope of the Pilot Project
The initial scope of the Worcester Electronic Filing Pilot Project will include all Civil Actions for money damages under Tort and Contract (G.L. c. 231, §§ 103-104 ), and the following specific Civil actions:
- Arbitrator's Award Confirmation (G.L. c. 251, §§ 11, 14 )
- Condominium Conversion Violation (St. 1983, c. 527, § 5 & St. 1989, c. 709, § 20 )
- Interpleader of Money deposited in Court (Mass. R. Civ. P. 67)
- Lien Enforcement Action (G.L. c. 254, § 5 ; c. 255, § 26 )
- Landlord Failure to Provide Utilities (G.L. c. 186, § 14 )
- Landlord Interference with Quiet Enjoyment (G.L. c. 186, § 14 )
- Lead Poisoning Prevention (G.L. c. 111, §§ 196-198 )
- Repossession of Secured Goods (G.L. c. 255, § 13J ; c. 255B, § 20B ; c. 255D, § 22 )
- Settlement Approval for a Minor/Incompetent (G.L. c. 231, § 140C 1/2 )
- Suit on a Foreign Judgment (G.L. c. 235, §§ 14, 23A ; 28 U.S.C. § 1738 )
- Structured Settlement Transfer Approval (G.L. c. 231C, § 2 )
- Unemployment Compensation Action against Employer by DET (G.L. c. 151A, § 15 )
- Used Car Lemon Law Arbitration Appeal (G.L. c. 90, § 7N )
- Unlawful Entry (Trespass)/Repossession of Land (G.L. c. 184, § 18 )
As set forth in the Interim Electronic Filing Rules/or Pilot Courts (2015), registered electronic filers participating in the Worcester pilot project will be eligible to use the electronic filing system for any cause of action listed above, for the purpose of filing new claims, subsequent pleadings, discovery requests, responsive pleadings, and motions and notices promulgated pursuant to the Massachusetts Rules of Civil Procedure. Service of the initial process or summons to gain jurisdiction over persons or property may not be made by electronic service; only the conventional method for service of process will be permitted during the pilot project.
Eligibility and conditions of registration to participate in electronic filling shall be in accordance with Rule 3 of the Interim Electronic Filing Rules/or Pilot Courts (2015). For the initial implementation of the Worcester Electronic Filing Pilot Project, the following law firms have opted to participate:
- Law Office of Joseph J. Cariglia, PC - 188 Lincoln Street, Worcester, MA O1605
- Law Offices of Gary H.Kreppel, PC - 33 Post Road West, Suite 590, Marlborough, MA 01752
- Law Offices Howard Lee Schiff, PC - 25 Southbridge Street, Building 2, Suite 2, Auburn, MA 01501
The Worcester Electronic Filing Pilot Project will be available to all additional eligible participants after completion of the registration process set forth in the Interim Electronic Filing Rules/or Pilot Courts (2015).
V. Additional Provisions
In the event that certain filing activities cannot be completed by electronic filing, because of the technical limitations of either the E-Filing vendor or the Trial Court's Case Management System, the Worcester Electronic Filing Pilot Project reserves the right to require an otherwise eligible participant to file a document or notice by conventional means. Such filing activity may include, but shall not be limited to, any request for waiver of filing fees, a request for appointment of an interpreter, a request to purchase miscellaneous copies or forms, or other filing activity as defined by the pilot court site.
June 24, 2015, effective September 1, 2015.