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How to ask for a court accommodation under the Americans with Disabilities Act

The Americans with Disabilities Act, referred to as the “ADA”, is a law that allows you to ask the Court for reasonable help to access the courthouse and its hearings, activities, and services if you have a physical or mental disability. This type of help is referred to as an “accommodation.”

Depending on what type of accommodation you are asking for, you will need to file either the Request Form for an Accommodation under the ADA ("Request Form") or the Motion for an Accommodation under the ADA ("Motion").

Please note, you can bring a trained service animal with you to Court without having to complete the Request or Motion.

Table of Contents

Who do I ask for help?

Every court has a person, called an “ADA Coordinator,” who can help you and answer any questions about this process. To find your ADA Coordinator, you need to know what Court your case is in. (Example, Barnstable District Court.) If you are already at the courthouse, you can ask for the ADA Coordinator at the front counter of the Clerk's Office. You can also find your ADA Coordinator online at ADA Accessibility at the Courts.

If you are a JUROR, you can request accommodations by contacting the Office of the Jury Commissioner.

An ADA Coordinator CAN: An ADA Coordinator CANNOT:
Help you find the correct form for your request Go to your court hearing with you or give any assistance with personal care such as eating, dressing, toileting
Physically complete the form with the answers you provide, if you are unable to do so yourself Give you legal advice or explain a judge's decision
Give you information about the process and court procedures Tell you what answers you should put in your request
  Speak with a judge or clerk magistrate on your behalf

 

Request or Motion, which do I use?

Some types of accommodations can be granted by the ADA Coordinator. Others might need to be decided by the Judge or Clerk Magistrate assigned to your case. In general, if the accommodation you ask for requires a balancing of your rights against the rights of the other party to the case, or impacts how the courtroom is run, you will need to file the Motion. For all other accommodations, please submit the Request Form. See the chart below for examples of when to use the Request Form and when to submit the Motion. If you don't know which to use, ask your ADA Coordinator.

Request Form Motion
Assistive Listening Device Additional time to submit documents
Communication Access Realtime Transcription (CART) Changes to the way testimony is to be given
Digital Audio Reading Extension of Time
Large Print Frequent breaks in the courtroom
Sign Language Interpreter Hearing held at specific time of day
Use of Powered (non-manual) Mobility Device of Requestor other than motorized wheelchair Permission to use personal readers and notetaker
  Presence of animal other than trained service animal
  Remain seated during proceeding
  Use of other equipment in the courtroom and provided by Requestor
  Zoom video conference hearings

 

A. How to complete the Request Form

Complete and return the Request Form to your assigned ADA Coordinator as soon as you know that you must appear in court and as far as possible in advance of your scheduled court appearance or activity.

The ADA Coordinator will review and process all Request Form requests within 72 hours of the date the request is received. However, the accommodation (such as scheduling an interpreter) may take more than 72 hours to arrange, so allowing for as much notice possible will enable us to respond to the accommodation request.

DO NOT submit medical records or doctor's notes with the Request Form. If the Trial Court wants more information from you, we will ask for it from you when we need it.

The information on the Request Form will be kept confidential unless confidentiality is waived in writing, or disclosure is required by law.

If you need assistance with physically filling out the Request Form, please contact the ADA Coordinator.

This Request Form must be fully completed, printed, signed and either hand-delivered or mailed to the courthouse of your proceedings.

B. How to complete the Motion

The Motion must be completed and filed by a party (i.e., the Plaintiff, Defendant, or their Attorney, but not a witness or juror) to the case with the Clerk's Office where the case is being heard. The Clerk's Office will then forward the Motion to the Judge or Clerk Magistrate for a decision.

Motions filed with the Court are docketed as part of your case file and may be viewable by the public. You may request the Court to keep the Motion confidential by completing the section titled "Impoundment" and providing specific reasons why the Motion should be kept confidential and not available to the public.

DO NOT submit medical records or doctor's notes with the Motion. If the Trial Court wants more information from you, we will ask for it from you when we need it.

The Judge or Clerk Magistrate will review the Motion and has authority to approve or deny it.

If you need assistance with physically filling out the Motion, please contact the ADA Coordinator.

This Motion must be fully completed, printed, signed and either hand-delivered or mailed to the courthouse of your proceedings.

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