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TRIAL COURT STANDING ORDERS 1 Trial Court Standing Orders LIST OF ORDERS BOSTON MUNICIPAL COURT DEPARTMENT Standing Order No. Subject 1-83 Stenographers in the Jury-of-Six Session 2-83 Interpreters 1-84 Abuse Prevention, G.L. c. 209A 1-88 Civil Caseflow Management 2-04 Probation Violation Proceedings 1-06 Establishment of Specialized Sessions Applicable To Boston Municipal Court Department Boston Municipal Court Department Boston Municipal Court Department Boston Municipal Court Department Boston Municipal Court Department Boston Municipal Court Department DISTRICT COURT DEPARTMENT Standing Order No. Subject 1-83 Civil Pretrial Procedure 2-83 Calendaring of Civil Cases 4-83 Summonsing Breathalyzer Operators 5-83 6-83 7-83 1-84 2-84 1-85 2-85 1-88 2-88 1-90 2-90 1-92 1-98 4-04 Case Management Procedures in Criminal Cases Scheduling, Continuance and Administrative Policies Pretrial Conference and Continuance Policies Appearances Continuances Consolidation of Related Cases Pending in More Than One Division (pursuant to G.L. c. 223, s. 2A) Civil Pretrial Procedure Civil Caseflow Management Caseflow Management of Juvenile Cases Scheduling of Civil Motions Scheduling, Continuance and Administrative Policies Case Management and Procedures Civil Case Management in Courts Governed by the One-Trial System Performance Goals for Cirminal Case Management Applicable To Clinton Division Fall River Division Westborough Division Pittsfield Division Northampton Division Wareham Division Edgartown Division Edgartown Division All Divisions Natick Division All Divisions All Divisions Orleans Division Greenfield Division Charlestown Division All Except Plymouth, Suffolk and Worcester Counties All Divisions JOINT STANDING ORDERS Standing Order No. Subject 1-04 Civil Case Management Applicable To Boston Municipal Court Department and District Court Department 2-04 Time Standards for Civil Cases 3-04 Time Standards for Criminal Cases Boston Municipal Court Department and District Court Department Boston Municipal Court Department and District Court Department HOUSING COURT DEPARTMENT Standing Order No. Subject 1-83 Filing Briefs on Motions for Further Answers 1-96 [Filing of Discovery] 1-01 [Lawyer for a Day] 1-04 Time Standards for Cases Filed in the Housing Court Department Applicable To All Divisions All Divisions All Divisions All Divisions JUVENILE COURT DEPARTMENT Standing Order No. Subject 1-82 Court Hours 1-84 Juvenile Court Case Records and Reports 1-88 Time Standards 1-04 Time Standards 2-04 Electronic Recording of Court Proceedings 1-07 Violation of Probation Proceedings 2-07 Time Standards Applicable To All Divisions All Divisions All Divisions All Divisions All Divisions All Divisions All Divisions PROBATE & FAMILY COURT DEPARTMENT Standing Order No. Subject 2-83 Individual Calendar Sessions 2-97 Service 2-98 Tracking of Appointments of Guardians Ad Litem and Probation Officers to Conduct Investigations in Domestic Relations and Child Welfare Matters 2-99 Procedure for Submission and Disposition of Certain Motions 1-03 Parent Education Program Attendance 1-05 Standards for Guardians Ad Litem/ Investigators 2-05 Hampshire Division Parent Education Program for Never Married Parents: ‘For the Children’ 1-06 Case Management and Time Standards Applicable To All Divisions All Divisions All Divisions All Divisions All Divisions All Divisions Hampshire Division All Divisions TRIAL COURT STANDING ORDERS 4-81 LAND COURT DEPARTMENT Standing Order No. Subject 2-88 Time Standards 1-97 Notice under G.L. c. 185, § 39 1-04 Time Standards 1-06 Electronic Recordation of Proceedings 2-06 Processing and Hearing of Claims for Judicial Review of Matters on the Administrative Record 5-81 Applicable To — — — — — 1-83 1-86 SUPERIOR COURT DEPARTMENT Standing Order No. Subject 1-80 Notices of Appeal—Notification of Justices 5-80 Trial Session Hours 6-80 Complaints for Judicial Review of Surcharge Matters under G.L. c. 175, s. 113P; Notice to the Department of the Attorney General; Form Complaints 9-80 Requests for Special Assignment of Justices to Civil Actions Applicable To All Counties All Counties All Counties 2-86 2-87 1-88 1-88 1-96 1-06 Pending Criminal Cases Subject to Dismissal Pursuant to the Provisions of Mass. R. Crim. P. 36 Uniform Procedures Regarding Petitions for Abortion Authorization under G.L. c. 112, s.12 to include as an attachment suggested guidelines, originally set forth in Planned Parenthood League of Massachusetts v. Bellotti, No. 81124 Civil (Supreme Judicial Court for Suffolk County; Liacos, J. Single Justice)(June 16, 1981) Civil Action Cover Sheets Transfer Procedure under G.L. c. 231, s. 102C and Superior Court Rule 29 Criminal Case Management Electronic Recordation of Proceedings Time Standards (Second Amended) Time Standards (Third Amended) Processing and Hearing of Complaints for Judicial Review of Administrative Agency Procedings Continuances of Trial 2 All Counties except Dukes and Nantucket Counties All Counties All Counties All Counties All Counties All Counties All Counties All Counties All Counties All Counties All Civil Actions BOSTON MUNICIPAL COURT DEPARTMENT STANDING ORDER NO. 1-83 BOSTON MUNICIPAL COURT DEPARTMENT STANDING ORDER NO. 1-84 STENOGRAPHERS IN THE JURY-OF-SIX SESSION ABUSE PREVENTION, G.L. c. 209A In all cases in the jury-of-six sessions in which the defendant desires to have a stenographer, a written request for the same shall be made and filed with the Court at least forty-eight hours prior to the hearing or trial at which the stenographer is required. In the event that the hearing or trial is continued, it shall be the obligation of the defendant to renew the request for stenographer in the same manner prescribed in the foregoing paragraph. Failure to comply with this Order will be deemed to be a waiver of a defendant’s right to request a stenographer. This Order is made in accordance with M.G.L. c. 218, § 27A(h). Dated: October 17, 1983 The attached form entitled “Complaint for Protection from Abuse” will be used by any applicant seeking a protective order or relief under the provisions of G.L. c. 209A, as amended, until a permanent form is promulgated in accordance with the statute. The attached form promulgated in accordance with the statute, entitled “(Temporary) Order Pursuant to G.L. c. 209A, as amended” will be used until a permanent form is promulgated in accordance with the statute. Prior and pending Care or Custody Actions shall be disclosed in accordance with Trial Court Rule IV. Complaints for relief under G.L. c. 209A shall be filed with the Clerk-Magistrate for Civil Business during regular court hours. The justice assigned to the BMC Motion Session is designated to hear all applications for temporary orders and other remedies as provided in G.L. c. 209A. The Motion Session Justice will set these matters for hearing on Mondays and Fridays at 2:00 p.m., or at such other times within the statutory five day period as the Motion Session Justice may determine. Complaints and applications for temporary orders must be filed with the Clerk-Magistrate for Civil Business on the next business day following issuance of an emergency order. Hearings on same will be scheduled within five business days of the date they are filed with the Clerk-Magistrate for Civil Business. Notice to the defendant of such hearings will be made in accordance with the provisions of the statute. The Clerk-Magistrate for Civil Business shall maintain a separate docket for complaints sought under G.L. c. 209A, and shall make the necessary provisions for custody of these records as provided by the statute. Dated: January 21, 1984 BOSTON MUNICIPAL COURT DEPARTMENT STANDING ORDER NO. 2-83 INTERPRETERS In all cases in which the services of an interpreter are required, it shall be the obligation of the litigants to file with the Court a request,in writing, seeking the appointment of the interpreter at least forty-eight hours prior to the hearing or trial at which said services are required. Such request shall specify the language for which the interpreter is required. In the event that the hearing or trial is continued, it shall be the obligation of the litigants to renew the request for an interpreter in the same manner prescribed in the foregoing paragraph. This Order is made in accordance with Rule 43(f) of the Massachusetts Rules of Civil Procedure and Rule 41 of the Massachusetts Rules of Criminal Procedure. Dated: October 17, 1983 TRIAL COURT STANDING ORDERS TRIAL COURT OF THE COMMONWEALTH Boston Municipal Court Department—Civil Division Suffolk, ss. ______________________ Plaintiff v. No. COMPLAINT FOR PROTECTION FROM ABUSE ______________________ Defendant Pursuant to Chapter 209A of the General Laws of the Commonwealth, I hereby request that the court enter an order protecting me from abuse. 1. My full name, present street address, city and telephone number are as follows: ___________________________________________ ________________________________________________________ 2. My former residence, which I have left to avoid abuse, is as follows (street address and city): ________________________________ ________________________________________________________ 3. The full name, present street address, city and telephone number of the person causing me abuse (the defendant) are as follows:______ ________________________________________________________ ________________________________________________________ ________________________________________________________ 4. My relationship to the defendant is as follows: ( ) we are members of the same household. ( ) we (are) (were formerly) married to one another. ( ) I am the defendant’s (child) (parent). ( ) I am a blood relative of the defendant; specifically, the defendant is my____________________. 5. On or about ____________ I suffered abuse when the defendant: ( ) attempted to cause me physical harm. ( ) caused me physical harm. ( ) placed me in fear of imminent physical harm. ( ) caused me to engage involuntarily in sexual relations by force, threat of force, or duress. 6. I ask that: ( ) the court order the defendant to stop abusing me. ( ) the court order the defendant to immediately leave the household which is located at:______________________________ _________________________________________________ ( ) the court award me temporary custody of the following minor child(ren) (the defendant and I are husband and wife): Names Date of Birth ____________________ ____________________ ____________________ ____________________ ____________________ ____________________ ( ) since the defendant has a legal obligation to do so, the court order the defendant to pay temporary support to me and to any child in my custody. ( ) the court order the defendant to pay me $_______ for the following losses suffered as a direct result of the abuse (losses can include, but are not limited to, loss of earning or support, out of pocket losses resulting from injuries, moving expenses and reasonable attorney’s fees):________________________ _________________________________________________ _________________________________________________ ( ) impound my address ( ) the court do the following:____________________________ _________________________________________________ _________________________________________________ I request that the above relief, with the exception of the request to pay temporary support, be ordered without notice because of a substantial likelihood of immediate danger of abuse. I understand that the court will schedule a hearing no later than five (5) days after such order is entered on the question of continuing such temporary order. Personal service on the defendant is required prior to making an order to pay support. 7. There (is/is not) a prior or pending action for divorce or separate support order pending from the Probate and Family Court Department of the Trial Court. 8. I (have/have not) sought protection from abuse in any other department or division of the Trial Court arising out of the same facts or 3 circumstances alleged in the complaint. 9. ( ) I hereby request the court to impound my address by excluding same from the complaint and from all other court documents which are available for public inspection, and that the Court shall also insure that the address is kept confidential from the defendant and the defendant’s attorney. ________________________ ________________________ (signature) (date) Note: If this complaint is filed by an attorney, the attorney’s name, address and telephone number should appear below: ___________________________ ___________________________ ___________________________ Tel. No.____________________ TRIAL COURT OF THE COMMONWEALTH Boston Municipal Court Department—Civil Division Suffolk, ss. ______________________ Plaintiff NO. (TEMPORARY) ORDER PURSUANT TO G.L. c. 209A v. ______________________ Defendant Upon consideration of Plaintiff’s complaint (and having found that a substantial likelihood of immediate danger of abuse exists), it is ORDERED: ( ) that the Defendant refrain from abusing the Plaintiff. ( ) that the Defendant vacate forthwith the household located at_ _________________________________________________ ( ) that the Plaintiff, being the husband/wife of the Defendant, be, and he/she is awarded temporary custody of the minor child/children to wit,______________________________ ( ) that the Defendant pay temporary support for the Plaintiff and ______________child/children in the Plaintiff’s custody in the amount of $ _______ per _________, the Defendant having a legal obligation to support such person(s). ( ) that the Defendant pay to the Plaintiff monetary compensation in the amount of $______ for the following losses suffered as a direct result of the abuse: _________________________________________________ _________________________________________________ ( ) that______________________________________________ _________________________________________________ This ORDER is effective forthwith, and will remain in effect until _ ___________. It shall not in any manner affect the title to any real property. A hearing on the continuation of this ORDER will be held at the Boston Municipal Court Department, at _____ a.m./p.m. on__________. If the Defendant wishes to be heard, he/she will be heard at that time. If he/she does not appear at that time, this ORDER shall remain in effect. A copy of this ORDER shall be transmitted to the appropriate local law enforcement agency forthwith, and shall be served in hand on the Defendant herein. VIOLATION OF THIS ORDER IS A CRIMINAL OFFENSE. _____________________________ Justice Boston Municipal Court Department Date entered: ________________ Time entered: _______________ a.m./p.m. CERTIFIED: __________________________ Clerk/Magistrate Date certified: _______________ Time certified:_______________ a.m./p.m. This form prescribed by the Chief Justice of the Boston Municipal Court Department. TRIAL COURT STANDING ORDERS BOSTON MUNICIPAL COURT DEPARTMENT STANDING ORDER NO. 1-88 (Superseded by Joint Standing Order 1-04 for Cases Filed On or After August 31, 2004) CIVIL CASEFLOW MANAGEMENT I. Authority. This Order is promulgated by the Chief Justice of the Boston Municipal Court Department pursuant to his statutory responsibility over caseflow management. G.L. c. 211B, § 10 and G.L. c. 218, § 51A. II. Purpose. The purpose of this Order is to establish procedures and principles to meet the requirements of the time standards for civil cases adopted by the Supreme Judicial Court on April 7, 1986, providing for the disposition of civil cases filed on or after July 1, 1988, (other than family law cases) within 24 months of filing, and to provide for pretrial conferences to assist in the resolution of civil cases pending as of January 1, 1997 and thereafter. III. General. A. Responsibility for caseflow management. The responsibility for effective caseflow management is shared by the Bar and the Court. This Order provides for the completion of case preparation by counsel within one year, and meaningful control of the case by the Court thereafter. B. Case priorities. While addressing the importance of effective civil caseflow management as a means of meeting the civil time standards, this Order acknowledges the necessary priority that the hearing of cases involving the public safety, persons at risk, family disruption and other important public interests must take over general civil matters. IV. Required Procedures. It is hereby ORDERED as follows: A. Applicability. The following procedures shall apply to civil actions originally filed in the Boston Municipal Court Department pursuant to G.L. c. 218, § 54, civil actions transferred from the small claims docket pursuant to G.L. c. 218, § 24 and civil actions transferred to this Court pursuant to G.L. c. 231, § 102C. All said cases shall hereinafter be referred to as “civil cases.” For purposes of this Order, the filing date of a case transferred pursuant to G.L. c. 231, § 102C or G.L. c. 218, § 24 shall be the date it is received in the Boston Municipal Court Department. 1. Notice. A copy of this Order, which may be viewed by members of the Bar and by the general public, shall be posted in the Office of the Civil Clerk. Additional copies of this Order shall be made available to counsel at the Office of the Civil Clerk. A copy of this Order shall be provided to each pro se plaintiff by first class mail. 2. Non-joinder of issues. If any civil action has remained on the docket for a period of eight months, without issues having been joined, the Clerk/Magistrate or the Clerk/Magistrate’s designee shall enter a Nisi Order advising the plaintiff that the action will be dismissed thirty days from the date of the Nisi Order, unless the plaintiff takes remedial action. 3. Discovery and motions. Except as otherwise provided in this Order, all discovery shall be completed and all motions, including discovery motions and motions pursuant to Rules 12, 15, 19, 20 and 56, shall be filed, marked and caused to be heard, by the end of the twelfth full month after filing of the action, unless the Court, after hearing upon notice and motion, shall, for good cause shown, otherwise permit. 4. Request for Pretrial Conference. No later than the last day of the twelfth month after the case was filed, counsel shall file with the Court a Request for Pretrial Conference, seeking the establishment of a pretrial conference. All cases must be assigned a Pretrial Conference date before being assigned for trial. The Massachusetts Rules of Civil Procedure applicable to captions, signing and other matters of form of pleading shall apply to the Request for Pretrial Conference, and the Request shall be served in accordance with the provisions of Mass. Rule Civ. P. 5. 5. Absence of Request for Pretrial Conference. Any case in which a Request for Pretrial Conference has not been filed in accordance with the Order shall be assigned a date on a Status Review List by the Clerk/Magistrate on the first day of the thirteenth month after filing or as soon thereafter as is practicable. Parties who fail to appear at the call of said Status Review List will be subject to sanctions including default or dismissal. All cases not disposed of at or before the call of the Status Review List will be assigned a date on a Pretrial Conference List by the Clerk/Magistrate as soon thereafter as is practicable. 6. Scheduling and Continuance of Pretrial Conferences, Trials and Status Reviews. The scheduling and continuances of pretrial conferences, trials and status review shall be under the control of the Court. Requests for continuances shall be only by written motion. Continu- 4 ances shall be granted only by the Court, or Clerks authorized to do so by the Chief Justice. Every continuance shall be to a date certain. No case shall be continued generally or “taken off the list” for any reason. 7. Management. The Chief Justice, in consultation with the Clerk/ Magistrate, shall designate an Assistant Clerk as civil case manager to assume responsibility for carrying out the relevant terms of this Order under the immediate supervision of the Clerk/Magistrate and the ultimate supervision of the Chief Justice, and to perform other related duties as required. As amended effective January 1, 1997 BOSTON MUNICIPAL COURT DEPARTMENT STANDING ORDER NO. 2-04 PROBATION VIOLATION PROCEEDINGS I. AUTHORITY AND SCOPE This order is promulgated by the Chief Justice of the Boston Municipal Court Department pursuant to his statutory authority G.L. c. 211B, § 10 and G.L. c. 218, § 51A. This standing order prescribes the procedures in the Boston Municipal Court Department to be followed upon the allegation of violation of an order of probation issued in a criminal case after a finding of guilty or after a continuance without a finding. This standing order does not apply to an alleged violation of pretrial probation. II. DEFINITIONS In construing this standing order, the following terms shall have these meanings: “Continuance without a finding” means the order of a court, following a finding of sufficient facts, when a criminal case is continued to a date without a guilty finding. A continuance without a finding may include conditions imposed in an order of probation. Violation of the order may result in the revocation of the continuance, a finding of guilty and imposition of sentence. Compliance with the order will result in dismissal of the criminal case. “District Attorney” means the prosecutor and includes the Attorney General if the criminal case in which probation was ordered was prosecuted by the Office of the Attorney General. “General conditions of probation” means the conditions of probation that are imposed in every order of probation. “Probation order” means the court order that places a defendant on probation and which states the conditions of probation. “Pretrial probation” means the probationary status of a defendant after a probation order issued before a trial or a plea of guilty or an admission to sufficient facts. “Revocation of probation” means the revocation by a judge of an order of probation after a finding that a condition of that probation order has been violated. “Special conditions of probation” means any condition of probation other than one of the general conditions of probation. “Surrender” means the procedure by which a probation officer requires a probationer to appear before the court for a judicial hearing regarding an allegation of a probation violation. III. BEGINNING VIOLATION PROCEEDINGS: BASED ON NEW CRIMINAL CONDUCT (a) Where Probation Order and Criminal Charge Involve Same Division of the Boston Municipal Court Department (i) Issuance and Service of Notice. When a criminal complaint is issued by a court against a person who is the subject of an order of probation issued by that same court, the probation department shall begin violation proceedings against that probationer. The probation department shall issue a notice of probation violation and hearing at the arraignment on the criminal charge. This notice shall be handed to the defendant at arraignment after the assignment of a date and time for a probation violation hearing and this service shall be recorded on the case docket. If in-hand service is not possible, the notice shall be sent to the probationer by first-class mail, unless the court orders otherwise. Sending the notice by first-class mail shall be recorded on the case docket. Out-of-court service other than by mail requires a written return of service. A copy of each notice of probation violation and hearing shall be provided to the district attorney immediately after its issuance. TRIAL COURT STANDING ORDERS The court, after review of the notice at arraignment and as a matter of its discretion, may order no other proceedings in the matter. (ii) Contents of Notice. The notice of probation violation and hearing shall describe the crime charged in the new complaint and shall state any other conditions of the order of probation that the probation department alleges have been violated with a description of each violation. The notice shall also state the date, time and place of the hearing. (iii) Scheduling of Hearing. The hearing shall be on a date no less than seven days after service on the probationer of the notice of violation and hearing unless the probationer waives the seven-day notice period. Unless otherwise determined by the court for good cause and stated on the record, the hearing date shall not be later than 30 days after service of the notice of violation and hearing. In every case, the court shall give primary consideration to the need for promptness in conducting the probation violation hearing. (b) Where Probation Order and Criminal Charge Involve Different Divisions of the Boston Municipal Court Department (i) Issuance and Service of Notice. When a criminal complaint is issued by any division of the Boston Municipal Court Department against a person who is the subject of an order of probation issued by another division of the Boston Municipal Court Department, the probation department in the division where the criminal complaint is issued shall begin violation proceedings against that probationer. The probation department shall issue a notice of probation violation and hearing at the arraignment on the criminal charge. The notice shall be handed to the defendant at arraignment after the assignment of a date, time and division for the probation violation hearing. This service shall be recorded on the case docket. If in-hand service is not possible, the notice shall be sent to the probationer by first-class mail, unless the court orders otherwise. Sending the notice by first-class mail shall be recorded on the case docket. Out-of-court service other than by mail requires a written return of service. A copy of each notice of probation violation and hearing shall be provided to the district attorney immediately after its issuance. The court, after review of the notice at arraignment and as a matter of its discretion, may order the hearing held at the division that issued the criminal complaint or at the division that issued the order of probation. The location of the hearing shall be set out in the notice of probation violation and hearing. The court may in its discretion order no other proceedings in the matter. (ii) Contents of Notice. The notice of probation violation and hearing shall describe the crime charged in the new complaint and shall state any other conditions of the order of probation that the probation department alleges have been violated with a description of each violation. The notice shall also state the date, time and place of the hearing. (iii) Scheduling of Hearing. The hearing shall be on a date no less than seven days after service on the probationer of the notice of violation and hearing unless the probationer waives the seven-day notice period. Unless otherwise determined by the court for good cause and stated on the record, the hearing date shall not be later than 30 days after service of the notice of violation and hearing. In every case, the court shall give primary consideration to the need for promptness in conducting the probation violation hearing. (c) Where Probation Order and Criminal Charge Involve Different Departments (i) Issuance and Service of Notice. When a criminal complaint is issued by a court against a person who is the subject of an order of probation issued by a court of a different department, the probation department at the court that issued the criminal complaint shall issue a notice at the arraignment on the new criminal charge directing the probationer to appear in the court where the defendant is on probation. The notice shall be handed to the defendant at arraignment and the service shall be recorded on the case docket. The probation department immediately shall send a copy of the notice, indicating in-hand service, to the probation department of the court that issued the order of probation, together with a copy of the complaint and police report on the new criminal charge. (ii) Contents of Notice. The notice of probation violation handed to the probationer at the court that issued the new criminal complaint shall direct the probationer to appear on a date and time at the court that issued the order of probation. A copy of the notice shall be kept by the probation department of the court that issued the new criminal complaint. An additional copy of the notice shall be given to the district attorney of the court issuing the new criminal complaint. 5 IV. BEGINNING VIOLATION PROCEEDINGS BASED ON CONDUCT OTHER THAN NEW CRIMINAL CONDUCT (a) Issuance and Service of Notice. When a probation officer of a court that has issued an order of probation finds that a probationer has violated any condition of that order other than being charged in a new criminal complaint, that probation officer shall decide whether to begin probation violation proceedings. A judge may order the beginning of violation proceedings. The notice of probation violation and hearing shall be handed to the probationer or sent by first-class mail, unless the court orders otherwise. Giving the notice in hand or sending by first-class mail shall be noted in the court record. Out-of-court service other than by mail requires a written return of service. A copy of each notice of probation violation and hearing shall be provided to the district attorney immediately after it is issued. (b) Contents of Notice. The notice of probation violation and hearing shall describe the conditions of the order of probation that the probation department alleges have been violated and shall order the probationer to appear on a date and time for the appointment of counsel, if necessary, and the scheduling of a probation violation hearing. (c) Scheduling of Hearing. When the probationer appears as a result of the notice required by section (a), the court shall appoint counsel, if necessary, and schedule a probation violation hearing, the date to be no less than seven days later unless the probationer waives the seven-day notice period. Unless otherwise determined by the court for good cause and stated on the record, the hearing date shall not be later than 30 days after service of the notice of violation and hearing. In every case, the court shall give primary consideration to the need for promptness in conducting the probation violation hearing. V. PRELIMINARY VIOLATION HEARINGS (a) Purpose. The court shall order a preliminary probation violation hearing only when the probation department asks to hold a probationer in custody on the basis of an alleged violation of probation until a full probation violation hearing is held. The issues to be decided at a preliminary probation violation hearing are whether there is probable cause to believe that the probationer has violated a condition of the order of probation and, if so, whether the probationer should be held in custody or released on conditions, including bail. (b) Notice of Hearing. The probationer shall be given a written notice indicating the preliminary nature of the hearing, the alleged probation violations, and that the purpose of the hearing is to decide if there is probable cause to believe that he or she has committed the alleged violations. The notice shall be handed to the probationer when he or she is before the court having been arrested on a new criminal charge, having been arrested for an alleged probation violation or for any other reason. (c) Conduct of Hearing. A judge shall hear preliminary probation violation hearings in a courtroom and on the record. The probationer has the right to counsel. Following notice and appointment of counsel, if necessary, the probationer shall be allowed a reasonable time to prepare for the hearing. At the hearing, the probation officer shall present evidence to support a finding of probable cause. An assistant district attorney may help in the presentation of evidence. The probationer has the right to be heard in opposition. Testimony shall be taken under oath. The court shall admit such evidence as it thinks relevant and appropriate. The hearing shall be limited to the issue of whether probable cause exists to believe that the alleged violation of probation has occurred. If probable cause is found, a final probation violation hearing shall be scheduled, the probationer shall be handed a notice of the hearing and the court may order the probationer to be held in custody until the final violation hearing or be released, with or without conditions, including bail. VI. PROBATION VIOLATION HEARINGS (a) In General. A judge shall conduct probation violation hearings in open court, on the record and, with such flexibility and degree of formality as the court thinks appropriate, consistent with the requirements of law. All testimony shall be taken under oath. A probation officer shall present the case against the probationer. A probationer is entitled to the assistance of counsel, including the appointment of counsel if determined by the court to be indigent. (b) Requirement of Two-Step Procedure. Probation revocation hearings shall go forward in two steps, the first to decide whether the alleged violation or violations occurred, the second to determine the TRIAL COURT STANDING ORDERS disposition if the court finds a violation of probation has occurred. (c) Adjudication of Alleged Violation. Probation violation hearings shall begin with the probation officer describing the violation or violations alleged in the notice of violation and continue with a presentation of the evidence supporting the allegations. The probationer may present evidence on the issue of the alleged violation. Each party may cross-examine witnesses produced by the opposing party. The probation officer has the burden of proving the alleged violations. The standard of proof is the civil standard of preponderance of the evidence. Hearsay evidence is admissible at probation violation hearings in accordance with applicable case law. After the presentation of evidence, both the probation officer and the probationer may make a closing statement. (d) Dispositional Decision. If the court finds that the probationer has violated one or more conditions of probation, the probation officer shall recommend to the court one of the dispositions stated below and may present evidence to support the recommendation. (e) Continuances. Probation violation hearings shall be continued only by a judge and only for a good cause stated on the record. Any continuance allowed shall be to a specific date. (f) Participation of District Attorney. The district attorney may participate in probation violation hearings as provided in G.L. c. 279, § 3. If the district attorney intends to appear at a probation violation hearing, he or she shall meet before the hearing with the probation officer responsible for presenting the matter to the court to coordinate the district attorney’s involvement in the hearing with the planned presentation of the probation officer. VII. FINDING AND DISPOSITION (a) Requirement of Finding. At the end of the presentation of evidence, the court shall decide whether the probationer violated one or more conditions of an order of probation, as alleged. (b) Finding of No Violation. If the court decides that the probation officer failed to prove by a preponderance of the evidence that the probationer committed a violation alleged in the notice of probation violation and hearing, that finding shall be entered on the record. (c) Finding of Violation. If the court decides that the probation officer proved by a preponderance of the evidence that the probationer violated one or more conditions of probation as alleged in the notice of probation violation, or if the probationer agrees or admits to a violation, that finding shall be entered on the record. The court shall make findings of fact in writing or on the record to support the finding of a violation, stating the evidence relied upon. (d) Disposition After Finding of Violation. After the court has entered a finding that a violation of probation occurred, the court may order any of the dispositions below that it thinks appropriate. (i) Continuance of Probation. The court may decide not to change or revoke probation. (ii) Termination. The court may terminate the order of probation. (iii) Modification. The court may change the conditions of probation. A change may include adding reasonable conditions and extending the order of probation. (iv) Revocation; Statement of Reasons. The court may decide to revoke the order of probation. If the court orders revocation, it shall state the reasons in writing or on the record. (e) Execution of Suspended Sentence. After revocation of an order of probation, any sentence that was imposed, which was suspended, shall be ordered executed immediately. (f) Imposition of Sentence Where No Sentence Previously Imposed Before. After revocation of probation in a case where no sentence was imposed following conviction, the court shall impose a sentence as provided by law. VIII. VIOLATION OF CONDITIONS OF A CONTINUANCE WITHOUT A FINDING (a) Notice, Conduct of Hearing, Adjudication. The standards regarding probation violation hearings shall also apply to allegations of a violation of probation that was imposed together with a continuance without a finding. (b) Disposition. The court may make the following dispositions after a decision that one or more conditions of probation imposed together with a continuance without a finding have been violated: (i) Continuance of the Continuance. The court may reimpose the continuation without a finding. 6 (ii) Termination. The court may terminate the order of probation and dismiss the criminal case. (iii) Modification. The court may change the conditions of probation including the length of the continuance. (iv) Revocation. The court may revoke the order of probation, terminate the continuance without a finding, enter a finding of guilty and impose a sentence as provided by law. BOSTON MUNICIPAL COURT DEPARTMENT STANDING ORDER NO. 1-06 ESTABLISHMENT OF SPECIALIZED SESSIONS I. Authority This Standing Order is promulgated by the Chief Justice of the Boston Municipal Court Department (“the Department”), pursuant to G. L. c. 211B, § 10 and G. L. c. 218, § 51A. II. Purpose and Applicability The Department recognizes the benefits of providing focused interventions to address specific public health and safety issues presented by individuals appearing in criminal or civil matters brought before the courts. Certain courts within this Department currently provide a variety of such interventions. In order to achieve consistency, accountability and the efficient use of existing resources, this Order establishes uniform procedures to be followed by all courts of the Department for the creation or continued operation of the intervention referred to as a “specialized session.” III. Definitions In construing this Order, a “specialized session” shall be defined as any regularly-scheduled court session which focuses exclusively on the particularized behavior and health of a criminal defendant or on a specific case type. Such sessions may include, but are not limited to, proceedings which depart from customary court processes and may involve a recommended treatment modality, intensive probation supervision, greater judicial oversight, or priority scheduling of case proceedings. IV. Required Protocols and Procedures A. Approval. As of the effective date of this Order, specialized sessions may only be initiated or maintained by the Chief Justice of the Department or upon the request of a First Justice with the approval of the Chief Justice. It shall be the responsibility of the First Justice of any court currently conducting a specialized session to submit a plan, in accordance with Section IV, B, for its continued operation to the Chief Justice within forty-five days of the effective date of this Order. B. Description of Plan. After consultation with the Clerk Magistrate, Chief Probation Officer and Chief Court Officer, the First Justice of any court seeking to establish or continue a specialized session must submit a written plan to the Chief Justice which addresses the following issues: (a) the particularized need for and benefits of the proposed specialized session, including reasons which are consistent with the purposes found in Section II; (b) the availability of staffing resources, including security, and a description of the additional workload created by the proposed specialized session; (c) a protocol outlining the eligibility, operating procedures and frequency of scheduling for the proposed session; (d) the performance standards expected of persons participating in the specialized sessions; (e) the necessity for additional training of court personnel; and (f) the methodology to be used for data collection and reporting. C. General Provisions Applicable to All Specialized Sessions. It shall be the responsibility of the First Justice to insure compliance with this Order. All specialized session proceedings shall be conducted on the record and in a public courtroom. Consistent with S.J.C. Rule 3:09 (2003), Code of Judicial Conduct, Canon 3, a judge is prohibited from receiving substantive, case-specific information outside the courtroom. All departmental judges are eligible for and subject to assignment to any specialized session and must familiarize themselves with all applicable protocols. Each court shall maintain statistical data, including the number of referrals to a session; the status of each case; a description of all case activity; and the next scheduled event. Such data shall be submitted to the Chief Justice on a monthly basis. Specialized session cases must comply with all applicable time standards provided by Boston Municipal/District Court Joint Standing Orders 2-04 and 3-04. D. Duration and Periodic Review. Authorization to conduct a specialized session will expire two years after initial approval is granted unless otherwise ordered by the Chief Justice. Any plan for the continued operation of an approved specialized session must be submitted by TRIAL COURT STANDING ORDERS the First Justice within sixty days of expiration and address the issues enumerated in Section IV, B. The Chief Justice may terminate the operation of a specialized session at any time. DISTRICT COURT DEPARTMENT STANDING ORDER NO. 1-83 (Applicable to the Clinton Division) CIVIL PRETRIAL PROCEDURE All civil cases, including those remanded from the Superior Court Department, shall be scheduled for pretrial conference in compliance with Dist./Mun. Cts. R. Civ. P. 16. At the conclusion of each conference, the court will enter an order reciting the results of the conference, and will set a trial date. Arrangements for a trial date cannot be made in any other manner. In accordance with Rule 16, the order will control the subsequent course of the case. Counsel must appear at the pretrial conference with full authorization in all respects. The court may award costs against any party or attorney whose unjustified absence or lack of preparation prevented the conduct of a pretrial conference. See Beit v. Probate & Family Court Dep’t, 385 Mass. 854 (1982). Effective: December 1, 1983 DISTRICT COURT DEPARTMENT STANDING ORDER NO. 2-83 (Applicable to the Fall River Division) CALENDARING OF CIVIL CASES 1. A general call of the civil list will be conducted in a civil assignment session held at 2:00 P.M. on the first Monday of each month. If the first Monday is a holiday, the assignment session will be held on the next business day. Counsel or parties will be notified at least 7 days in advance that a case is on the monthly assignment session list. 2. A case may be added to the monthly assignment session list by filing a request for trial pursuant to District/Municipal Courts Supplemental Rules of Civil Procedure 108 at least ten days before the first Monday of the month. The Court may, on its own motion, add cases to the monthly assignment session list pursuant to District/Municipal Courts Rules of Civil Procedure 41(b)(1). 3. Attorneys for both sides must appear, prepared to advise the Court as to the nature of the case, the number of witnesses, and the approximate duration of trial. Requests for pretrial conferences should be made at this time. Failure to appear will result in the entry of a dismissal or default. 4. Counsel may avoid the necessity of appearing at the assignment session by submitting a written request for trial on a day and at a time certain, assented to by all attorneys or parties to the action. Such requests will be honored, subject to scheduling availability. 5. Cases will be assigned for trial throughout the month at a time and date certain. Cases may be assigned for any weekday at the convenience of the parties, subject to the availability of a Judge and courtroom. No further notice of the day and time of trial will be given other than the oral notice in the assignment session. 6. Once a case is scheduled for trial, the Court will enforce a strict continuance policy. When in extraordinary circumstances the Court grants a continuance, the case will be continued to the next monthly assignment session for rescheduling. 7. Motions will be heard on Tuesdays and Thursdays at 10:00 A.M. Motions which will be argued by conference call may be marked for any day of the week at a mutually agreeable time. Effective: December 1, 1983 DISTRICT COURT DEPARTMENT| STANDING ORDER NO. 4-83 (Applicable to the Westborough Division) SUMMONSING BREATHALYZER OPERATORS Whenever defense counsel in a trial for operating a motor vehicle under the influence of alcohol desires to have the testimony of the 7 police breathalyzer operator at trial, a request must be made to the district attorney’s office at least 48 hours in advance of the trial date, or a summons issued as for any other witness. Because the Commonwealth can establish a prima facie case without the breathalyzer operator, a continuance will not be granted because of his or her absence unless this procedure has been followed. Effective: December 1, 1983 DISTRICT COURT DEPARTMENT STANDING ORDER NO. 5-83 (Applicable to the Pittsfield Division) CASE MANAGEMENT PROCEDURES IN CRIMINAL CASES The following procedures are applicable to all primary court criminal cases: I. PROCEDURES FOR THE CRIMINAL SESSION. 1. Criminal sessions are held each weekday at 9 a.m., holidays excepted. 2. The list of continued cases is called first, in docket number sequence. 3. The arraignment list is called, in docket number sequence, after continued cases. (a) Defendants facing possible imprisonment will be scheduled for pretrial conference sessions. (b) Other defendants will have their cases continued for trial and/or disposition to a 9 a.m. criminal session, within two weeks of arraignment if possible. (c) Submissions to sufficient facts may be offered at the second call of the arraignment list, and will be taken prior to scheduled trials. (d) A waiver of first instance jury trial and of double jeopardy claims shall be filed at arraignment by any defendant represented by counsel or not facing possible imprisonment. 4. Attorneys shall be prepared to go forward with all scheduled matters except by leave of the court. 5. Pretrial motions shall be filed with the Clerk-Magistrate’s office in compliance with Mass. R. Crim. P. 13. 6. The trial of co-defendants will be severed only upon written motion allowed by the court. See Mass. R. Crim. P. 9(c), 9(d) and 19. The case folders of co-defendants will be marked with a blue dot and a cross-reference to the co-defendant’s case number. 7. No defendant will be brought before the court from any jail or correctional institution except by mittimus or writ of habeas corpus upon order of the court. 8. The Chief Probation Officer, or in his or her absence a Probation Officer designated by the Chief Probation Officer, will maintain the scheduled calendar of trials and conferences. II. PROCEDURES FOR THE CONFERENCE SESSION. 1. Pretrial conference sessions are scheduled each Tuesday and Thursday, holidays excepted, at 1 p.m. 2. Defense attorneys are encouraged to conference cases with the district attorney’s office prior to the scheduled conference. Cases that have been conferenced in advance and for which a conference report has been completed will be called first. 3. Defendants and defense attorneys must appear for the call of the conference list. 4. Except by leave of the court, a defendant’s election or waiver of first instance jury trial must be filed no later than the first scheduled conference session. 5. Continuances for further conference will be allowed only with the approval of the conference session Judge upon written motion signed by the defendant, defense counsel and the prosecutor. III. CONFERENCE REPORTS. 1. A conference report shall be filed at the first scheduled conference. If there are subsequent conferences, an additional conference report shall be filed at each subsequent conference. 2. The conference report shall be signed by the defendant, defense counsel and the prosecutor. 3. The conference report may include any recommendation for disposition. TRIAL COURT STANDING ORDERS 4. If the conference report indicates a submission to sufficient facts and the submission is not made at the conference session during which the report is filed, the submission shall be scheduled for and taken on the next available court date. 5. After filing a conference report, both defense counsel and the prosecutor shall be responsible for continued representation in that case except by motion to withdraw made in compliance with the Massachusetts Rules of Criminal Procedure and allowed by the court. 6. The session clerk shall file conference reports and appropriate waivers in the criminal complaint folders. Effective: December 1, 1983 DISTRICT COURT DEPARTMENT STANDING ORDER NO. 6-83 (Applicable to the Northampton Division) SCHEDULING, CONTINUANCE AND ADMINISTRATIVE POLICIES I. CRIMINAL CASES. 1. Defendants shall report to the Probation Office to complete required paperwork at or before 8:30 a.m. on the morning of arraignment, and again after disposition. All defendants charged with imprisonable offenses who desire the services of the Bar Advocate shall complete the required application in the Probation Office prior to arraignment. 2. A defendant’s application for appointment of the Bar Advocate will be acted upon, and the defendant notified of the court’s decision, during arraignment. No plea except “not guilty” will be taken on the arraignment date from defendants charged with imprisonable offenses, unless represented by counsel or after signing a written waiver of counsel. All continued cases will be assigned a definite date for pretrial conference, trial or disposition. All cases will be scheduled for pretrial conference, except in certain minor motor vehicle matters. 3. On the day set for pretrial conference, defendants or defense counsel shall confer with the assigned prosecutor from the district attorney’s office at 8:30 a.m. By 9:30 a.m., all cases scheduled for conference shall be ready for disposition, assignment for first instance jury trial, or scheduling for another date for motion hearing, bench trial or, in exceptional circumstances, for further pretrial conference. Pretrial conferences may be conducted with the district attorney’s office in advance of the scheduled date, but all conferences shall be completed by 9:30 a.m. on the date scheduled for conference. Pretrial conference reports are required to be filed only in cases which are scheduled for trial. A case will not be scheduled for a motion hearing or trial until the pretrial conference has been completed. 4. Defense counsel shall file an appearance and have the defendant execute and file a waiver of first instance jury trial prior to the presentation of the case to the court for disposition or for scheduling of motions or trial. 5. All pretrial motions shall be filed on or after the date of pretrial conference and not before, and shall be in accordance with Mass. R. Crim. P. 13. 6. On the trial date, defendants or defense counsel shall confer with the assigned prosecutor from the district attorney’s office at 9 a.m., prior to the commencement of trials at 9:30 a.m. All parties shall be prepared to commence trial promptly at 9:30 a.m. on the scheduled date and to continue without interruption until completion. 7. Arraignments, pretrial conferences and trials in criminal cases will be scheduled so that the period of time from the date of arrest, issuance of the citation or show cause hearing, whichever occurs first, to the date of adjudication or finding of sufficient facts, does not exceed 60 days. 8. Matters continued for payment of fines, restitution or court costs shall be scheduled on Fridays and will be considered by the court the following Monday at 2 p.m. Other matters continued after submission or trial, whether with or without probation, and also driving-under-theinfluence and non-support matters for review, shall be scheduled on Mondays at 2 p.m. Defendants whose cases are continued after disposition, with or without probation, are not required to appear on the date scheduled for discharge from probation or for dismissal of the case. II. CIVIL CASES. The trial of all civil cases, except those remanded by the Superior Court, shall be scheduled so that they are completed within 90 days from the date trial is requested. 8 III. CONTINUANCES. 1. Scheduling of cases for pretrial conference, motions, trial or disposition shall be the sole responsibility of the session clerk.The Clerk/ Magistrate’s Office shall prepare the daily pretrial conference and trial lists. 2. In all criminal cases, unless the parties are present in court, the Commonwealth shall notify the complainant, and the Clerk/Magistrate’s office shall notify the defendant, of the next scheduled court event. 3. In both civil and criminal cases, the parties shall be prepared to proceed to pretrial conference, trial or disposition on the assigned date, unless a motion for a continuance has been allowed pursuant to this standing order. 4. In both civil and criminal cases, a party shall file a motion for continuance with the Clerk/Magistrate’s office as soon as the need for a continuance becomes apparent. A motion for continuance shall contain information as to: (a) when the need for the continuance arose; (b) what the grounds for the continuance are; (c) the measures taken to avoid seeking a continuance; and (d) the earliest date all parties will be ready to proceed. When an oral motion for continuance is made to the court, it shall afterwards be reduced to writing and filed with the case. 5. Motions for continuance which are assented to by all parties shall be acted upon only by the Scheduling Coordinator (the Third Assistant Clerk, or in his absence, the Second Assistant Clerk) or by the Presiding Justice. 6. Motions for continuance which are not assented to by all parties shall be scheduled for hearing before the Presiding Justice, or in his absence by the Justice then presiding. 7. No continuance shall be allowed except for good cause shown. In determining whether to allow a motion for continuance, the Scheduling Coordinator and the Presiding Justice will apply the considerations set forth in Standards 3:00, 3:01, 3:02 and 3:03 of the Caseflow Management Standards of the District Court Department. 8. Reasonable costs may be assessed against a party or attorney who causes a case to be continued without good cause or adequate notice. IV. ADMINISTRATIVE ARRANGEMENTS. 1. Ex parte motions of an emergency nature arising on Monday or Friday will be heard during the criminal session in Courtroom No. 1. 2. Arraignments and hearings in non-support cases will be scheduled for the Thursday criminal session in Courtroom No. 1. 3. Attorneys shall not pass beyond the counter into the work areas of the Clerk/Magistrate’s or Probation offices, or use telephones, typewriters or other equipment of those offices, without prior permission from a staff member of those offices. 4. Attorneys appointed under Mass. R. Crim. P. 8 and Dist. Ct. Supp. R. Crim. P. 8 to represent criminal defendants shall submit the appropriate form completely filled out, including the date of appointment, appointing Judge, name of client, docket number(s), and the attorney’s name, address, telephone number, social security number, and signature. 5. Attorneys shall not contact personnel of the Clerk/Magistrate’s office for assistance that could be readily obtained from the General Laws, the District/Municipal Courts Rules of Civil Procedure, or the Massachusetts Rules of Criminal Procedure. Effective: December 1, 1983 DISTRICT COURT DEPARTMENT STANDING ORDER NO. 7-83 (Applicable to the Wareham Division) PRETRIAL CONFERENCE AND CONTINUANCE POLICIES I. PRETRIAL CONFERENCES. All civil cases (except small claims and summary process) and all criminal cases in which a jail sentence is possible will be assigned for pretrial conference, normally on a Monday. Attorneys and parties are required to be present at the pretrial conference. If a case is not disposed of after conference, it will be assigned a daycertain for trial or transferred to the jury-of-six session. Any trial date TRIAL COURT STANDING ORDERS may be requested and will be assigned if acceptable to the court and not previously fully committed. At the time of assignment for trial, the parties or attorneys shall inform the court of the number of witnesses for each side and the expected length of trial. In a criminal case, a jury waiver shall be filed before a trial date is assigned, and the Judge will make a finding as to whether such waiver is voluntarily and intelligently made. Any case assigned for trial will be reached and tried on the day assigned. The failure without just cause of any party or attorney to appear at the call of an assignment list, pretrial conference list, or trial list may result in a default or dismissal being entered against the offending party, the denial of any request for continuance, or, in appropriate cases, the assessment of costs against either the party or attorney at fault. II. CONTINUANCES. In accordance with this court’s stringent continuance policy, a case once assigned for trial will not be continued except for good cause. “Good cause” is construed to mean cause which compels the court in good conscience to grant a continuance, and includes actual engagement in trial before another court. Agreement of counsel or parties is not itself sufficient grounds to continue a case scheduled for trial. Failure to prepare for trial adequately and diligently, including advance arrangement for necessary witnesses, is not a sufficient reason to continue a case. Once committed to a trial date in this court, parties and attorneys are expected to protect that commitment and the time of witnesses by informing any Judge before whom they subsequently appear of that commitment. This court will make every effort to coordinate its trial schedule with that of any other trial court faced with an extraordinary scheduling problem. Any lawyer or party who cannot be present at a pretrial conference may protect himself or herself with respect to scheduling by arranging with the Judge’s office before the conference date several acceptable open dates to which the attorney or party will commit himself or herself if one of those dates is assigned by the court. This court will not order civil cases “off the list” or “continued generally.” Any case once assigned for a day-certain will be continued only for a purposecertain (i.e. for trial, review, status, further pretrial conference or assignment). Effective: December 1, 1983 DISTRICT COURT DEPARTMENT STANDING ORDER NO. 1-84 (Applicable to the Edgartown Division) APPEARANCES The Court will not take any action on matters before it, requested by any attorney, until such time as an appearance in writing is submitted to it. Effective: June 1, 1984 DISTRICT COURT DEPARTMENT STANDING ORDER NO. 2-84 (Applicable to the Edgartown Division) CONTINUANCES Any matter scheduled for Trial shall not be continued unless fortyeight (48) hours before the scheduled date, a request for continuance in writing has been received in the office of the Clerk/Magistrate. Failure to abide by this rule will result in the imposition of costs. The Court will waive the sanctions of this rule should unforeseen or extraordinary circumstances prevent compliance. Effective: June 1, 1984 DISTRICT COURT DEPARTMENT STANDING ORDER NO. 1-85 (Applicable to All Divisions) CONSOLIDATION OF RELATED CIVIL CASES PENDING IN MORE THAN ONE DIVISION (pursuant to G.L. c. 223, s. 2A) General Laws c. 223, s. 2A, as amended by St. 1985, c. 221, assigns to the administrative justice of each department of the Trial Court the 9 power to consolidate related civil cases pending in more than one division of that department. Section 2A formerly provided for such consolidations only within the District Court, and gave such authority to the Appellate Division of the District Court, established pursuant to G.L. c. 231, s. 108. In order to expedite the judicial business of the District Court, and in accordance with the authority granted by G.L. c. 211B, s. 10, I hereby delegate severally to the presiding justices of the districts of the Appellate Division of the District Court and to their successors as presiding justices, or to any justice of the Appellate Division of the District Court designated by such presiding justices, the responsibilities and powers assigned to me as Administrative Justice of the District Court by G.L. c. 223, s. 2A, as amended by St. 1985, c. 221. The procedure for such motions to consolidate is contained in Dist./ Mun. Cts. R. Civ. P. 42(a). Dated: November 18, 1985 DISTRICT COURT DEPARTMENT STANDING ORDER NO. 2-85 (Applicable to the Natick Division) CIVIL PRETRIAL PROCEDURE All civil cases, including those remanded from the Superior Court Department, shall be scheduled for pretrial conference in compliance with Dist./Mun. Cts. R. Civ. P. 16. The Court will make a record of the results of each conference as well as of any Orders made pursuant thereto and, at the conclusion of each conference, will set a trial date. Arrangements for a trial date cannot be made in any other manner. In accordance with Rule 16, the record and Orders will control the subsequent course of the case. Counsel must appear at the pretrial conference with full authority in all respects. The Court may award costs against any party or attorney whose unjustified absence or lack of preparation prevented the conduct of a pretrial conference. See Beit v. Probate and Family Court Department, 385 Mass. 854 (1982). Effective: December 1, 1985 DISTRICT COURT DEPARTMENT STANDING ORDER NO. 1-88 (Applicable to All Divisions) (Superseded by Joint Standing Order 1-04 for Cases Filed On or After August 31, 2004) CIVIL CASEFLOW MANAGEMENT I. Authority. This Order is promulgated by the Chief Justice of the District Court pursuant to his statutory responsibility over caseflow management, G.L. c. 211B, s. 10, and uniform practices, G.L. c. 218, s. 43A. II. Purpose. The purpose of this Order is to establish procedures and principles to meet the requirements of the time standards for civil cases adopted by the Supreme Judicial Court on April 7, 1986. Said standards provide that civil cases filed on or after July 1, 1988, (other than family law cases) be disposed within 24 months of filing. III. General. A. Background. Recent research on Superior Court civil filings confirms and underscores what is already known intuitively by those familiar with civil case management generally, namely, that most civil cases are resolved without trial. See Dispute Resolution in Massachusetts, Governor’s Alternative Dispute Resolution Working Group, November 1986, wherein it is observed that, of 1,122 randomly selected civil cases disposed, 97% were disposed by some means short of trial and 50% were disposed within 15 months. The same report points out that “complex cases were the exception rather than the rule,” “few cases involved significant discovery activity, notices of deposition, motions requiring court action, or pretrial conferences,” and “most cases contained no discovery of any kind.” Although these observations pertain to Superior Court cases, experience suggests that the same or similar conclusions would be reached in the District Court. B. Objective. Based on the above findings, the objective of an effec- TRIAL COURT STANDING ORDERS tive caseflow management system should be to dispose as promptly as possible of the vast majority of cases that are not destined for trial, and concentrate the court’s resources on the processing and trial of the rest. C. “Local legal culture.” It is well estab