- Probate and Family Court
The Probate and Family Court has amended Standing Order 3-17, Fiduciary Litigation Session Pilot Project (“Standing Order”). The amendments are intended to extend the duration of the pilot program, and highlight, among other things that:
- Essex and Plymouth are included in the list of applicable divisions from which the Fiduciary Litigation Session (“FLS”) may accept cases (as approved in February 2018);
- uncontested, but complex, trust case types (e.g., trust modification or termination actions) may be reassigned to the FLS;
- no jury trial is available in the FLS and any case requiring a jury trial will not be reassigned to the FLS;
- parties must appear at the initial Scheduling Conference.
The title of the Standing Order is changed to “Interim Amended Standing Order 3-17” as the future expansion of the FLS in early 2019 will necessitate further changes.
The Standing Order and forms to request reassignment are available on the Probate and Family Court website at: https://www.mass.gov/probate-and-family-court-rules/probate-and-family-court-interim-amended-standing-order-3-17