Large numbers of self-represented civil litigants appear daily in the courts of the Commonwealth. While the court system has undertaken a variety of initiatives to address their needs and meet the practical demands of serving the public, judges bear the ultimate responsibility to ensure that cases involving self-represented litigants are fairly heard and decided. This is not an easy task. Having been schooled in the adversary system, judges often find that cases involving self-represented litigants present special challenges. The purpose of these Judicial Guidelines for Civil Cases with Self-Represented Litigants (2025 Edition) is to assist judges in meeting these challenges efficiently, effectively, and in a manner that provides meaningful access to justice for all litigants – represented and unrepresented alike.
The Guidelines provide statements of principle as well as suggested techniques for managing litigation with one or more self-represented parties. They are intended to help judges comply with the Massachusetts Code of Judicial Conduct, governing case law, court rules, orders, and policies, and widely accepted best practices for handling cases with self-represented litigants. In accordance with these authorities, the Guidelines provide that judges may, generally should, and sometimes must, adapt the litigation process to provide reasonable accommodations for the self-represented. These accommodations are especially critical in cases involving essential civil legal needs, such as shelter, sustenance, safety, health, and child custody,3 where the stakes are extremely high and most self-represented litigants are compelled by economic circumstances or other impediments to represent themselves. At the same time, the Guidelines recognize the obligations of judges to maintain impartiality and fairness toward all parties, represented as well
as unrepresented. The Guidelines also acknowledge the realities of administrative imperatives, and the fact that judges – notwithstanding their unique role in the court system – do not operate alone or in a vacuum, and that other court resources are a critical component of serving the selfrepresented.
The Guidelines are organized by general topic, covering legal and ethical principles; general practices; courtroom management; settlement and alternative dispute resolution; the litigation process; post-hearing matters; and the judge’s wider role in promoting access to justice. Within these general topics, individual guidelines address more specific points, such as explaining the applicable law or handling evidence. Thus, while the Guidelines are best understood as a whole, they are also designed so that judges can quickly refer to a particular guideline for guidance on a specific issue. Each guideline is also accompanied by commentary. The commentary is integral to the Guidelines, providing supporting citations, explanations, illustrations, and other resources.
Massachusetts has a strong tradition of commitment to justice for all of its residents. The Guidelines are intended to assist judges in ensuring that this tradition is manifest in the day-to-day work that they undertake in managing cases, courtrooms, and litigants across the Commonwealth. Further, while primarily directed at judges in their adjudicative role, the Guidelines also provide a roadmap for the administration of justice. Judges acting in their administrative capacity have the responsibility to ensure that court operations are structured to facilitate and encourage compliance with the Guidelines. Finally, to the extent relevant, the Guidelines are also intended to be a resource for appellate judges as well as trial court judges, and for court staff in addition to judges.