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Trial Court Rules Uniform Magistrate Rule 2: Uncontested non-evidentiary motions
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Table of Contents
(a) Civil cases
Magistrates may hear and rule on the following motions in civil actions provided that such motions are uncontested or assented to in writing and provided further that neither party is proceeding pro se:
(1) For Entry of Default
(2) For Entry of Default Judgment under Mass. R. Civ. P. 55(b)(1) or Dist./Mun. Cts. R. Civ. P., 55(b)(1)
(3) To Amend any Pleading
(4) To File a Responsive Pleading Late
(5) For Order of Notice
(6) To Strike Out and Answer Over Interrogatories
(7) To Compel Answers to Interrogatories
(8) For Consolidation of Cases Pending in One Court
(9) To Remove Default Entered by a Magistrate
(10) To Permit Marriage Without Delay (Probate and Family Court Department)
(11) To Waive the Thirty-Days Living Apart Requirement (Probate and Family Court Department)
(12) To Extend or Shorten Time or Continue a Hearing on a Motion.
Within a Department of the Trial Court, the Administrative Justice of that Department may delete or make additions to the motions enumerated in this section.
(b) Criminal cases
Magistrates may hear and either grant or deny a pretrial motion to correct defects in a criminal complaint, criminal process or supporting documents in criminal cases, provided that such a motion is uncontested or assented to in writing and the defendant is represented by counsel.
If the motion before the magistrate is uncontested based on the fact that the party who would be in a position to contest it has not filed a timely response, the magistrate shall be satisfied that the motion was duly served on that party prior to making a ruling. Also, the fact that a party failed to appear for a hearing on a motion shall be stated in writing by the magistrate.
A magistrate acting on a motion must indicate that the action was taken by the magistrate and not by the justice. Any person aggrieved by the action of a magistrate on any motion may be reheard by a justice provided that a motion for rehearing is filed within five days of the giving of notice of the action of the magistrate.
In no event shall a ruling be made pursuant to this rule if that ruling would affect the date of a court appearance previously set in accordance with the caseflow management policies of a Department or division.