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Table of Contents

I. Authority

This Standing Order 2-18 is promulgated by the Chief Justice of the Land Court Department pursuant to the provisions of G. L. c. 211B, § 10 and G. L. c. 185, § 1, and in compliance with the Order Re: Electronic Filing Pilot Projects issued by the Massachusetts Supreme Judicial Court effective February 25, 2015.

II. Purpose and applicability

To advance efficiency in the Massachusetts courts and better serve the public and the bar, the Supreme Judicial Court has authorized electronic filing pilot projects for the trial and appellate courts. By this Standing Order 2-18, the Land Court Department hereby designates its pilot project permitting electronic filing and electronic service of court documents for Servicemembers Civil Relief Act cases (the “Pilot Project”).

Effective September 1, 2018, the Supreme Judicial Court adopted SJC Rule 1:25 Massachusetts Rules of Electronic Filing (the “Electronic Filing Rules”). For the duration of the Pilot Project, these Electronic Filing Rules shall govern the general procedures of electronic filing and electronic service of court documents in designated matters commenced after the effective date of this Standing Order, notwithstanding any provision to the contrary in any rule of court or other standing order. All terms used in this Standing Order shall have the meanings defined in the Electronic Filing Rules.

Except insofar as the Electronic Filing Rules effective September 1, 2018 supersede the "Interim Massachusetts Electronic Filing Rules," previously adopted on February 25, 2015, the Supreme Judicial Court's Order regarding Electronic Filing Pilot Projects shall govern the conduct of the Pilot Project. This is an initial limited Standing Order to establish the parameters of the Pilot Project, and may be amended and revised by this Department as necessary during the course of the Pilot Project.

III. Designations

A. Participants

The following law firms are participating during the Pilot Project: Harmon Law Offices, PC of Newton, MA; Korde & Associates, PC of Lowell, MA; Brock & Scott, PLLC of Pawtucket, RI; and Orlans PC of Waltham, MA. The designated lawyers/law firms shall be given training and access to the Provider’s electronic filing system, and shall participate in the Pilot Project as properly registered Users in compliance with the Electronic Filing Rules. Additional lawyers/law firms will be approved by this Department to participate in the Pilot Project without further amendment of this Standing Order as the Pilot Project proceeds.

B. Scope of the pilot project

The Servicemembers case type (cases brought pursuant to the Servicemembers Civil Relief Act as set forth in 50 U.S.C. § 3901 (et seq.) and Chapter 57 of the Acts of 1943, as amended) is specifically designated for electronic filing and electronic service of court documents in this Pilot Project.

IV. Additional provisions

A. Limited assistance representation

For purposes of the Pilot Project, Trial Court Rule XVI: Uniform Rule on Limited Assistance Representation is hereby incorporated by reference where applicable. Because there currently are no filing codes that correspond to Limited Assistance Representation (LAR) in the electronic filing system, an attorney must enter the term “LAR” into either the Filing Description field or the Filing Comment field when electronically filing an LAR Notice of Appearance or LAR Notice of Withdrawal of Appearance.

B. Technical limitations

In the event certain filing activities cannot be completed by electronic filing because of technical limitations of either the Provider, the Provider’s electronic filing system, or the Trial Court’s case management system, the Land Court Department reserves the right to require a party to submit such filings to the Land Court Recorder’s Office in the conventional method, but shall permit that party to file electronically the remainder of the case pursuant to the Electronic Filing Rules. These filing activities may include, but shall not be limited to, requests for a fee waiver/indigency determination, requests for an interpreter, requests to purchase miscellaneous copies or forms, or other filing activities as defined or designated by this Department.

C. Electronic signatures

In accordance with Rules 13 and 14 of the Electronic Filing Rules, filed documents, orders, and judgments in cases within the scope of this Pilot Project may be signed electronically. Electronic signatures have the force of conventional signatures. In addition, a digital stamp of the Land Court Recorder shall be accepted for the issuance of all court documents and to certify an electronic copy of any document associated with this Pilot Project.

V. Duration

The Land Court Servicemembers case e-filing Pilot Project described herein shall continue until further order of the Court, and this Standing Order 2-18 may be superseded or amended,in writing, at any time during the duration of the pilot.

Downloads for Land Court Standing Order 2-18: Initial limited electronic filing project

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