BMC Standing Order
District/Municipal Court Rules Boston Municipal Court Standing Order 1-15: Initial limited electronic filing pilot project in the Brighton division of the Boston Municipal Court department for designated civil matters only
Trial Court Law Libraries
Table of Contents
This Standing Order 1-15 is promulgated by the Chief Justice of the Boston Municipal Court Department pursuant to the provisions of G. L. c. 211B, § 10 and G. L. c. 218, § 51A , and in compliance with the Order Re: Electronic Filing Pilot Projects issued by the Massachusetts Supreme Judicial Court effective February 25, 2015.
II. Purpose and applicability
In order to advance efficiency in the Massachusetts courts and better serve the public and the bar, the Supreme Judicial Court has authorized electronic filing pilot projects for the trial and appellate courts and approved Interim Massachusetts Electronic Filing Rules effective February 25, 2015. By this Standing Order 1-15, the Boston Municipal Court Department hereby designates the Brighton Division, located at 52 Academy Hill Avenue, Brighton, MA, for its department pilot project permitting electronic filing and electronic service of court documents (the “Brighton Pilot Project”) for designated civil matters only, as set forth below in section III. B.
Standing Order 1-15 shall incorporate by reference the Interim Massachusetts Electronic Filing Rules (the “Interim Rules”), and, for the duration of the Brighton Pilot Project, shall establish additional procedures for the implementation and operation of electronic filing and electronic service of court documents in designated civil matters commenced after the effective date of this Standing Order, notwithstanding any provision to the contrary in any rule of court or other standing order. This is an initial limited Standing Order to establish the parameters of the implementation of the Brighton Pilot Project; this Standing Order shall be amended and revised by this Department as necessary during the course of the electronic filing pilot projects generally, and the Brighton Pilot Project specifically.
A. Lawyers/law firms
In this initial implementation stage, two designated law firms have agreed to participate in the Brighton Pilot Project: Kream & Kream of Weymouth, MA, and Alford & Bertrand, LLC of Watertown, MA. The designated lawyers/law firms shall be given training and access to the Provider’s electronic filing system, and shall participate in the Brighton Pilot Project as properly registered users in compliance with the Interim Rules. Additional lawyers/law firms may be approved by this Department to participate in the Brighton Pilot Project without further amendment of this Standing Order.
B. Civil case types
The following civil case types are specifically designated for electronic filing and electronic service of court documents in the Brighton Pilot Project:
- Interpleader of Money Deposited in Court (Mass. R. Civ. P. 67)
- 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 )
- Lien Enforcement Action (G. L. c. 254, § 5 ; G. L. c. 255, § 26 )
- Money Action (under both Tort and Contract) (G. L. c. 231, §§ 103-104 )
- Replevin (G. L. c. 247 )
- Repossession of Secured Goods (G. L. c. 255, § 13J ; G. L. c. 255B, § 20B ; G. L. c. 255D, § 22 )
- Service in Foreign Proceeding (G. L. c. 223A, § 9 )
- Settlement Approval for Personal Injury to Minor/Incompetent (G. L. c. 231, § 140C½ )
- Structured Settlement Transfer Approval (G. L. c. 231C, § 2 )
- Suit on a Foreign Judgment (G. L. c. 235, §§ 14 , 23A ; 28 U.S.C. § 1738 )
IV. Additional provisions
A. Limited Assistance Representation
For purposes of the Brighton Pilot Project, Standing Order 1-10 of the Boston Municipal Court Department authorizing Limited Assistance Representation in Civil Matters Only is hereby incorporated by reference where applicable. Because there currently are no filing codes that correspond to Limited Assistance Representation (LAR) in the electronic filing system, an attorney must enter the term “LAR” into either the Filing Description field or the Filing Comment field when electronically filing an LAR Notice of Appearance or LAR Notice of Withdrawal of Appearance.
B. Technical limitations
In the event certain filing activities cannot be completed by electronic filing because of technical limitations of either the Provider, the Provider’s electronic filing system, or the Trial Court’s case management system, the Brighton Pilot Project and this Department reserve the right to require a party to submit these documents or requests to the Brighton Division Clerk’s Office in the conventional manner, but shall permit said party to electronically file the remainder of his/her civil case pursuant to the Interim Rules. These filing activities may include, but shall not be limited to, a request for a fee waiver/ indigency determination, a request for an interpreter, or a request to purchase miscellaneous copies or forms, or other filing activities as defined/designated by the Brighton Pilot Project or this Department.
The Brighton Pilot Project described herein shall expire one year from the effective date of this Standing Order, and Standing Order 1-15 may be superseded or amended, in writing, at any time during this period.