Guideline 4:01
Any order entered after an ex parte hearing must have a duration of no more than ten court business days. (The day the order is issued does not count toward that ten-day period, but the return day does count; weekends and holidays are not included.) The order should be effective through 4:00 P.M. on the date set for the hearing after notice.
Commentary
Proceeding with a hearing on a c. 258E complaint without prior notice to the defendant and a right to be heard constitutes an exception to fundamental due process. This exception, i.e., the right to proceed ex parte, is justified when there is “a substantial likelihood of immediate danger of harassment.” G.L. c. 258E, § 5. See Guideline 3:00 Ex Parte Hearings: General. This exception to the defendant’s due process rights can last only until the defendant can be notified and a hearing can be scheduled and conducted. Accordingly, the ex parte orders should last only until the hearing after notice can be held, and that hearing should be scheduled for a date as soon as possible, consistent with service on the defendant, and, in any event, no more than “10 court business days” after the ex parte hearing. G.L. c. 258E, § 5, second par.
While the order would expire at 4:00 P.M., the court, of course, is open until 4:30 P.M. If a plaintiff appears prior to that time, the judge should consider whether to issue an ex parte order and reschedule the hearing after notice. See Guideline 5:06 Failure of the Plaintiff to Appear.
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| Last updated: | October 20, 2025 |
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