Due to the increasing number of ex parte filings, the Plymouth County Probate and Family Court will institute the following policy effective February 1, 2009.
All matters that are filed ex parte (without notice) must be filed in the Registry of Probate in either Plymouth or Brockton by 9:30 a.m. in order to be heard in the morning session. All ex parte filings between 9:30 a.m. and 1:30 p.m will be heard in the afternoon session after 2:00 p.m. All ex parte matters filed after 1:30 pm. will be heard on the next business day at 9:00 a.m.
This policy does not apply to Complaints for Protection from Abuse filed pursuant to Chapter 209A or requests for Domestic Relations Protective Orders or Orders to Vacate filed pursuant to Chapter 208 or 209C. These cases will continue to be heard expeditiously as required by statute and administrative orders.
The Court will make exceptions to this policy only with the approval of an Assistant Judicial Case Manager and only if an emergency situation (i.e., irreparable harm) exists.
Dated: January 22, 2009
s/Catherine P. Sabaitis, First Justice
s/Robert E. McCarthy, Register of Probate
SUPPLEMENTAL POLICY FOR EX PARTE FILINGS:
COMMONWEALTH OF MASSACHUSETTS
THE TRIAL COURT
PROBATE AND FAMILY COURT DEPARTMENT
Supplemental Policy for EX PARTE Filings
in the Plymouth County Probate and Family Court
In order to facilitate the handling of requsts for an ex parte proceeding in the Plymouth Probate and Family Court, such pleadings must be accomplished by a Motion to Waive/Shorten Notice to interested parties. One affidavit may suffice for the Motion to Waive/Shorten Notice and the accompanying pleadings.
This supplemental policy is effective October 1, 2009.
/s/ Catherine P. Sabaitis, First Justice
Dated: September 30, 2009 /s/ Robert E. McCarthy, Register of Probate