eFiling in the Land Court

Announcement: Mandatory attorney eFiling in miscellaneous (MISC) and permit session (PS) cases

As of May 1, 2024, eFiling is mandatory for attorneys in the Miscellaneous (MISC) and Permit Session (PS) case types. Unless an exemption applies, attorneys will no longer be permitted to file documents in MISC or PS cases by paper at the Land Court Recorder’s Office or via mail. 

For more information, refer to Land Court Standing Order 2-23: Implementation of mandatory electronic filing for attorneys in certain case types in the Land Court Department. A training video on eFiling in the Land Court is available below.

Miscellaneous, Permit Session, Servicemembers, and Tax Lien cases can be electronically filed with the Land Court department. All other case types must be filed by mail or in person.

Also beginning on May 1, 2024, eFiling will become mandatory for attorneys in Miscellaneous and Permit Session cases. eFiling will remain optional for self-represented litigants.

Tyler Technologies is the provider of the Odyssey File and Serve system in which eFiling occurs in the Massachusetts state courts. The website is www.efilema.com. Prior to submitting electronic filings, the filer must register (e.g. provide contact information) and set up a payment account.

After registering their account, the filer will:

• Input the case information (e.g. Location: Land Court, Category: Servicemembers, Case Type: eFiled Complaint under Servicemembers Civil Relief Act ($255.00)).
• Add a party type (e.g. required Parties like Plaintiff/Defendant or Petitioner/Respondent, Contact information, and any additional parties other than required).
• Upload the documents (PDF format) and choose the appropriate filing codes.
• Select E-Service, which allows the filer to electronically serve opposing counsel or party at a later time with subsequent filings. Selecting service contacts is mandatory for Servicemembers cases.
• The final step is for the filer to review and verify the information and documents prior to submission.

Refer to Land Court Standing Order 1-23: Land Court Department electronic filing procedures, standards, and guidelines, for information about the specific requirements for submitting electronic filings with the Land Court. 

For step-by-step and technical instructions on how to submit new case initiations and subsequent filings in pending cases to the Land Court through eFileMA, see User Guide List – eFile.

Miscellaneous and Permit Session Cases

At the minimum, the following two documents should be included with the initial filing envelope in order for the case to be accepted: 

1. Signed Miscellaneous or Permit Session Complaint
   • Upload using the filing code “Complaint”
   • In Miscellaneous cases, writs and petitions will also be filed using “Complaint” from the filing code drop down.
2. Civil Cover Sheet for Miscellaneous cases or Permit Session Civil Cover Sheet
   • Upload using the filing code “Civil Cover Sheet”
   • Ensure that the correct type of action is checked off prior to uploading the document

Servicemembers Case

At the minimum, the following three documents should be included with the initial filing envelope in order for the case to be accepted: 

1. Signed Servicemembers Complaint
   • Upload it using the filing code “Efiled Complaint under Servicemembers Civil Relief Act.” 
   • It is imperative that the Complaint contain the correct names of the parties.  The Representative Capacity feature in Tyler is difficult to use correctly, so in these circumstances it is best to just type the name accurately into the Company Name field and the Land Court staff will make the correction to the MassCourts docket.  Court staff will utilize the Complaint information for accuracy in this process.
2. Order of Notice (front and back)
   • Upload it under the filing code “Efiled Order of Notice.”
3. Mortgagee’s Affidavit
   • Upload it under the filing code “Mortgagee’s Affidavit Under Chapter 206 of the Acts of 2007, filed.”

Tax Lien Case

At the minimum, the following document should be included with the initial filing envelope in order for the case to be accepted: 

• Signed Tax Lien Complaint
  • Upload it using the filing code “Complaint.”
  • Include a copy of the relevant taking(s) or collector’s deed and any subsequent assignments.
  • Ensure that these are uploaded as one single document.

A self-represented defendant or attorney can file a Tax Lien Answer form with the Land Court electronically or on paper. An online guided interview program from Suffolk University Law School’s Legal Innovation and Technology Lab is now available to help defendants complete and file a Tax Lien Answer form. It is set up in a question-and-answer format which guides the user through the questions. When the questions have been answered, the program generates a completed form for review. After review, it must be filed at the Land Court either electronically (eFile) or in person/by mail (on paper). Defendants can choose to electronically file this document upon completion. This will require having an eFileMA account to eFile the documents into the case. If you don’t have an account, you can create one prior to completing the guided interview.

The “Return Date” listed on the Citation is the date by which the Answer must be filed at the Land Court. When completing a Tax Lien Answer, it is helpful to have the Tax Lien Complaint and Citation on hand to help answer some of the questions.

The Guide & File program does not provide legal advice and does not take the place of advice from a lawyer.

Access the Online Tax Lien Answer Guide and File 

The Administrative Office of the Land Court conducted a Miscellaneous and Permit Session eFiling Training (Passcode: 1M^9vmj#) on May 24, 2023. This training was recorded on Zoom and the video recording can be viewed online at the above link.

The Administrative Office of the Land Court conducted a Tax Lien eFiling Training on January 26, 2022. This training was recorded on Zoom and the video recording can be viewed online at the above link.

Are there specific rules or requirements for eFiling in the Land Court?

Yes. Land Court Standing Order 1-23 sets forth the court’s electronic filing procedures, standards, and guidelines. Standing Order 1-23 covers eFiling-related topics including emergency or ex parte requests, impounded documents, affidavits of indigency, submission of courtesy copies to the court, and many others. Individuals (or Persons) who eFile must familiarize themselves with the Land Court’s requirements as well as S.J.C. Rule 1:25: Massachusetts Rules of Electronic Filing.

Who can eFile with the Land Court?

Electronic filing for eligible case types can be done by anyone who has access to a computer and the internet. In some case types, like Tax Lien and Servicemembers, attorneys are required to eFile. Self-represented litigants have the option to eFile in eligible case types.

What are the current fees to eFile?

The eFile Provider Fee is currently $22.00 for each new eFiled case (a one-time charge, paid on the initial eFiled envelope). There is no charge to eFile subsequent documents into pending cases.

The filer must also pay the standard Court Filing Fees required for initiating a case with the Land Court. There is also a Payment Service Fee on the eFiled submission ($0.25 per eCheck/ACH, or 2.89% for Credit Card).

When is the cut off time to submit an eFile envelope?

The cut off time to submit an eFile envelope is 11:59 pm of each day.

What is the maximum size for a document that can be eFiled?

The maximum size is 25MB.

What type of files can I submit through eFiling?

Only PDFs can be uploaded through eFiling.

How do I eFile a court form?

Once you’ve completed the court form online or on your computer, you can follow the link below to learn how to eFile forms:

• Learn about eFiling in the Trial Court: How to fill out eFile forms

What are some common reasons that an envelope may be rejected?

Some common reasons include but are not limited to, incomplete information in required fields missing documents, incorrect docket codes, and lack of signature or e-signature on complaint and affidavit(s). If an envelope is rejected by the court, the filer must make necessary corrections based on the court reviewer's comments and resubmit the envelope. 

The Land Court has eFiling rules that include the use of e-signatures. Please review SJC Rule 1:25.

The Tyler Odyssey eFiling system has instructions on its website and contact information for assistance.

When setting up your firm’s users in the Tyler system, add them to the list of public service contacts. In Servicemembers case filings, the filer also needs to be added as a service contact on each case filing so the Land Court’s acceptance of filed documents and issuance of return documents via the Tyler system will automatically be emailed to the user as the service contact on the case.

Paper filing in Land Court cases often requires filing two copies of a document. eFiling documents requires only one complete document to be uploaded (no second copy). Do not include cover letters with documents, with the exception of a request for additional/supplemental Order of Notice in a Servicemembers case.

It is imperative that the Complaint contain the correct names of the parties. The Representative Capacity feature in Tyler is difficult to use correctly, so in these circumstances it is best to just type the name accurately into the Company Name field and the Court staff will make the correction to the MassCourts docket. Court staff will utilize the Complaint information for accuracy in this process.

Be certain that the documents you upload are in good condition, particularly if a feeder has been used to scan, as they can become askew. Per rule, scanned documents should be searchable using OCR (optical character recognition) software. The documents you upload, upon acceptance by the Land Court staff, get date stamped by the system, become the official filings, and appear as images on the court docket.

The Land Court uses the Tyler Odyssey eFiling system to review and accept or reject filings. A system generated email is automatically sent to the filer in both instances. If the Court rejects a filing, a brief reason for the rejection will be included in the email back to the filer.

In Servicemembers cases only, Land Court also currently utilizes the Tyler Odyssey eFiling system to electronically mark-up/complete filed documents and electronically email them back to the filer. An example is the Order of Notice. Once it is filed and accepted, the Court electronically adds the docket number, return dates, and signature stamps and that document is emailed back to the filing service contact for use.

Orders of Notice in Servicemembers cases are still two-page documents (front and back) and both pages must be submitted to the applicable Registry of Deeds.

When filing the original Servicemembers case Complaint and Order of Notice, you can replace “2019 SM [servicemember case number]” with “Docket # [docket number]” because the Court will electronically stamp the full docket number onto the filing once it has been accepted.

When a complete service return package is electronically submitted to the Court in a Servicemembers case, the Court will defer action on those documents until the day after the return date.

To make this process as efficient and streamlined as possible, double check your documents before you submit. Our goal is accurate submissions the first time. Filings with errors will cause rejections.