Superior Court Rules  Superior Court Standing Order 1-26: Remote hearings

This Standing Order is effective June 1, 2026, and rescinds and supersedes Superior Court Standing Order 1-22, which became effective September 1, 2022. This Standing Order shall remain in effect until further order of the Court.

Consistent with constitutional, statutory, and other applicable rights, and in the interest of justice, certain criminal and civil proceedings may be conducted remotely (e.g., by computer, videoconference, or telephone) pursuant to this Standing Order.

So ordered,

Michael D. Ricciuti
Chief Justice of the Superior Court 

A. Presumptive remote hearings

Hearings in criminal cases are presumptively held remotely, without need of a written motion, for:

• bail hearings for persons in custody who waive physical presence in the courtroom;
• bail reviews and non-testimonial hearings for reviews of G.L. c. 276, § 58A dangerousness determinations for persons in custody;
• hearings on G.L. c. 276, § 58A motions conducted without witnesses;
• hearings on motions to dismiss or suppress conducted without witnesses;
• status and scheduling conferences;
• discovery conferences, including hearings on non-evidentiary motions (where a hearing is warranted, and defendant waives physical presence);
• pretrial conferences; and
• probation status conferences.

B. Presumptive in-person hearings

Hearings in criminal cases are presumptively held in person for:

• initial bail hearings for persons not in custody;
• G.L. c. 276, § 58A dangerousness hearings with witnesses;
• motions to dismiss and suppress conducted with witnesses;
• plea conferences and plea hearings pursuant to Mass. R. Crim. P. 12;
• Daubert-Lanigan hearings;
• final trial conferences, including motions in limine;
• trials;
• sentencing hearings; and
• initial and final probation violation hearings

C. Arraignments

There is no presumptive method for conducting an arraignment. Judges are encouraged to conduct arraignments remotely where the defendant is in custody and waives physical presence, unless there is good cause for the defendant and counsel to be physically present.

D. Conversion of presumptive in-person hearings to remote hearings in criminal cases

A criminal hearing designated as presumptively in person pursuant to this Standing Order may be held remotely upon the joint request of the parties, without need of a written motion, and/or in the judge's discretion, consistent with constitutional, statutory, and other applicable rights. A judge should consider the nature of the proceeding, including whether it is evidentiary, requires witness testimony or a credibility determination, and the positions of the parties.

A. Presumptive remote hearings

Hearings in civil cases are presumptively held remotely for:

• petitions for abortion authorization under G.L. c. 112, §12R (Mary Moe hearings);
• medical malpractice tribunals;
• equitable motions, including motions for attachment, trustee process, reach and apply;
• initial case management conferences;
• discovery disputes, including motions to compel, motions for protective order (if any hearing is warranted);
• scheduling conferences;
• final pretrial conferences;
• motions to dismiss;
• motions to amend a complaint (if any hearing is warranted);
• motions for default judgment/assessment of damages; and
• motions to set aside a default (if any hearing is warranted).

B. Presumptive in-person hearings

Hearings in civil cases are presumptively held in person for:

• hearings seeking temporary restraining orders and injunctions;
• proceedings involving credibility determinations;
• hearings on motions for summary judgment;
• hearings on motions for judgment on the pleadings;
• hearings on Daubert-Lanigan motions;
• final trial conferences, including motions in limine; and
• trials.

C. Conversion of presumptive in-person hearings to remote hearings in civil cases

A civil hearing designated as presumptively in-person pursuant to this Standing Order may be held remotely upon the joint request of the parties, without need of a written motion, and/or in the judge's discretion, consistent with constitutional, statutory, and other applicable rights. A judge should consider the nature of the proceeding, including whether it is evidentiary, whether it requires witness testimony or a credibility determination, and the positions of the parties.

A judge may order that a criminal or civil hearing designated as presumptively held remotely pursuant to this Standing Order be held in person if the judge determines that such a hearing is necessary for the fair and efficient resolution of a matter.

A "hybrid" proceeding, where some participants appear in person and others appear remotely, may be held on request and in the discretion of the judge, and consistent with constitutional, statutory, and other applicable rights. Any participant who requests to appear remotely at an in-person proceeding shall have no grounds to object to any other participant appearing in person.

For any remote hearing involving a self-represented litigant with limited access to, or limited facility with, remote hearing technology, and to ensure fair access to justice, the judge shall take reasonable steps to facilitate remote participation or may offer an in-person alternative.

No person shall take any photographs, or make any recording or transmission by electronic means, of a remote or hybrid court hearing, without prior authorization from the judge or clerk magistrate having immediate supervision over the remote or hybrid hearing, consistent with Supreme Judicial Court Rule 1:19, which governs electronic access to the courts.

For purposes of public access to in-person, remote, or hybrid hearings that are open to the public, members of the public may access court hearings as follows:

1. For in-person hearings, where no party appears remotely, members of the public shall attend in person.
2. For remote hearings, where all parties attend remotely, members of the public may access the hearing remotely.
3. For hybrid hearings, where at least one party attends in person, while at least one other party or participant appears remotely, members of the public shall attend in person.
   
   Members of the public may seek permission from the court to access a hybrid hearing remotely.

Members of the public seeking specific information or instructions on public access to in-person, remote, or hybrid hearings in a particular case shall contact the Clerk’s Office for further details.