- Probate and Family Court
The Probate and Family Court has amended “Interim Amended Standing Order 3-17, Fiduciary Litigation Session Pilot Project”. The amendments expand the Fiduciary Litigation Session (“FLS”) to include a second session, and highlight, among other things that:
- Location: The second session of the FLS will be held at the Marlborough District Court.
- Applicable Divisions: The FLS may now accept cases from all divisions of the Probate and Family Court.
- Original Case File; Filing and Docketing Subsequent Documents: After 45 days from the conclusion of the matter, the original file will be returned to the register of probate in the division of origin. The 45 day delay is necessary to allow post judgment motions to be heard by the FLS judge and to process any notice of appeal on an FLS judgment.
- Scheduling Conference: The requirement that all parties must appear at the initial Scheduling Conference is deleted. Instead, parties are encouraged to appear.
A revised Request for Reassignment form (MPC 304) has been posted. Copies of the Standing Order in its amended form, and a strikethrough version of the Standing Order showing all amendments as well as the revised form (MPC 304) are available online at: https://www.mass.gov/probate-and-family-court-rules/probate-and-family-court-amended-standing-order-3-17-fiduciary