Lawyers e-Journal
Thursday, Jan. 8, 2009
News from the Courts
New Administrative Directive 09-1 to replace Administrative Directive 03-1; Probate and Family Court has amended Uniform Practice XXXIII. Standards for Computer-Generated Forms; Amendment to Rule 3:11
New Administrative Directive 09-1 to replace Administrative Directive 03-1
Effective on Monday, Jan. 19, a new Administrative Directive 09-1 will replace the old Administrative Directive 03-1, governing the Business Litigation Sessions.
The new Administrative Directive is designed to provide clear guidance about practice in the BLS in a single Directive that will be published in the Massachusetts Rules of Court book and will therefore be easily accessible to every litigator. The new Administrative Directive provides appropriate guidance to attorneys and/or judges about the criteria used to determine whether a case will be admitted into the BLS, about how a case may be transferred to the BLS when initially filed in another county or in another Suffolk civil session, and about what happens if a case is refused admission into the BLS. It also clarifies that nothing in the Administrative Directive changes the statutory requirement for venue.
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The new Administrative Directive does not change either:
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The procedure to file a case in Suffolk County and request assignment to the BLS;
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The criteria for the type of case that will be accepted into the BLS;
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The fact that, when a case is declined by the BLS, it is reassigned to another Suffolk civil session; or
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The procedure by which cases initially filed in other sessions, whether within or outside Suffolk County, may request transfer to the BLS. As before, no case may be transferred to the BLS from another session without the approval of the session judge and the BLS Administrative Judge.
Click here for the new Administrative Directive 09-1. Click here for the notice rescinding the Administrative Directive 03-1.
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Probate and Family Court announces amended practice on computer-generated forms
The Probate and Family Court has amended Uniform Practice XXXIII. Standards for Computer-Generated Forms effective Jan. 1, 2009. The change will require that form CJ-D 304, Child Support Guidelines Worksheet, be printed with black ink on light-blue colored paper. The amendment is necessary as a result of the amendments to the Child Support Guidelines which are effective January 1, 2009. Requiring that the form be printed on colored paper will assist our staff and judges in identifying the form in the case folder. Colored forms also make the forms more readily identifiable to lawyers and litigants.
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Amendment to Rule 3:11 effective Jan. 1
Rule 3:11: By inserting at the end of paragraph (6) the following two sentences: To facilitate transitions in Committee membership, the court may invite a newly appointed member whose term has not officially begun to observe Committee business for a period not to exceed three months prior to the commencement of the member's term. A member whose term has expired shall remain on the Committee pending appointment of his or her successor, and until the successor's term begins.
Click here to view the amendment to Rule 3:11.