The proposed amendments to Mass.R.Dom.Rel.P. 1 – 6 are intended to be the first set in a series of proposed amendments, which will be followed by later publications regarding the remainder of the Rules of Domestic Relations Procedure. The amendments to these rules incorporate updated language, which is gender neutral and modernized to replace many unnecessarily technical or archaic terms. Proposed new formatting in many places replaces dense block text with easier to read lists and outlines.
Additionally, there are proposed substantive revisions to Mass.R.Dom.Rel.P. 1 – 6. These revisions are described more fully in the draft Reporter’s Notes and include proposed amendments to align with, or clarify departure from, the Massachusetts Rules of Civil Procedure. In addition to proposed amendments to eliminate references that are inapplicable to practice in the Probate and Family Court, these proposed changes include:
- Rule 1 - removal of G.L. c. 209A abuse prevention matters from those cases governed by the Rules of Domestic Relations Procedure, which would leave abuse prevention proceedings governed by the Supplemental Rules and, through many of those rules, the Rules of Civil Procedure.
- Rule 3 – permitting electronic filing, per the Mass. Rules of Electronic Filing.
- Rule 4(c) - removal of the provision for service by “any other disinterested person.” Parties continue to be able to request that the judge appoint a specific person to make service.
- Rule 4(d) – permitting new forms of service, in addition to publication and certified mail, when there is no evidence that the defendant has received actual notice (e.g., e-mailing, text messaging and communicating through a social media platform).
- Rule 5 – permitting electronic filing and use of email to parallel the Rules of Civil Procedure and the Mass. Rules of Electronic Filing.
- Rule 5(b) – replacing a person “of suitable age and discretion” with a person “who is 18 years of age or older” and “is not a child of any party in the case,” to avoid involving children in the litigation.
- Rule 5(h) – adding language to protect personal identifying information that parallels a recent amendment to the Rules of Civil Procedure.
- Rule 6 – enlarging the deadline for filing oppositions to motions from one to two business days before the hearing and extending the extra three days allowed for a reply, whether the service is made by mail or electronic means.
The proposed amendments and draft Reporter's Notes appear at the link below. Comments should be directed to Brian Pariser, Deputy Legal Counsel, Administrative Office of the Probate and Family Court, 3 Center Plaza, Boston, MA 02108 on or before December 13, 2024. Comments also may be emailed to brian.pariser@jud.state.ma.us. Comments received will be made available to the public.
Proposed Amendments to Rules 1-6 of the Massachusetts Rules of Domestic Relations Procedure
| Date published: | September 9, 2024 |
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