Preface by the Supreme Judicial Court Committee on Judicial Guidelines Concerning Self-Represented Litigants

These guidelines provide statements of principle as well as suggested techniques for managing litigation with one or more self-represented parties.

These Judicial Guidelines for Civil Cases with Self-Represented Litigants (2025 Edition) update and supersede the Judicial Guidelines for Civil Hearings Involving Self-Represented Litigants that were approved by the Supreme Judicial Court in 2006 (2006 Guidelines). The 2006 Guidelines were among the first efforts by a state court system to address the judicial role in civil cases in which one or more parties appeared without counsel. Based upon the law and ethical requirements that existed at the time, the 2006 Guidelines offered judges practical advice on how to exercise their discretion to afford self-represented litigants the opportunity to have their cases fairly heard, without compromising judicial neutrality. Massachusetts appellate cases frequently cited the 2006 Guidelines for their persuasive value, and other jurisdictions looked to them as a model. 

Over time, however, it became evident that the 2006 Guidelines needed to be revised to take into account important developments, e.g., subsequent appellate decisions involving issues relating to self-representation; the adoption of a new 2016 Massachusetts Code of Judicial Conduct that includes specific provisions concerning accommodations for self-represented litigants; the emergence of nationally recognized best practices for judges in cases with self-represented litigants; the development of new technologies; and the expansion of court initiatives and resources to support the diverse and growing population that comes to court without lawyers.¹ As a result, in May 2021, Chief Justice Kimberly S. Budd and the Justices of the Supreme Judicial Court appointed a special committee of judges (Committee)² to review and revise the 2006 Guidelines. The new Guidelines are the result of more than three years of effort by Committee members, advisors, and staff. 

1. Like other state courts, the Massachusetts courts have evolved to respond to the rapid growth in selfrepresentation. For example, the Trial Court's strategic planning process has placed specific focus on access to justice and the court user experience. Six of the Trial Court's seven departments have authorized limited assistance representation, and some have integrated alternative dispute resolution and other diversionary programs into the litigation process. The Trial Court has adopted a robust language access plan and specific standards for accommodating litigants with disabilities. Efforts are in progress to simplify and standardize court processes and forms. Court websites provide copious information to all court users, and Court Service Centers - brick-and-mortar as well as virtual - are available to assist litigants across the state. Technological access to the courts, including the advent of remote hearings during the COVID-19 pandemic, is now available.
2. The members of the Committee are: Chair, Hon. Richard J. McMahon (ret.), Probate & Family Court; Hon. Julie J. Bernard (ret.), District Court; Hon. Amy Lyn Blake, Appeals Court; Hon. Debra A. DelVecchio, Boston Municipal Court; Hon. Robert G. Fields, Housing Court; Hon. Robert B. Foster, Land Court; Hon. Sylvia Gomes, Juvenile Court; Hon. Valerie A. Yarashus, Superior Court. Advisors to the Committee: Hon. Cynthia J. Cohen (ret.), Appeals Court, and former Chair of the SJC Steering Committee on Self-Represented Litigants; Hon. Dina E. Fein (ret.), Housing Court, and former Special Advisor to the Trial Court for Access to Justice Initiatives. Staff Liaison to the Supreme Judicial Court: Chip Phinney, Chief Counsel for Judicial Policy, Supreme Judicial Court. Staff Liaison to the Executive Office of the Trial Court: Elizabeth R. Cerda (currently Clerk Magistrate, Waltham District Court) and Erin Harris, Access to Justice Coordinator (per diem).