Policy Regarding the Hearing of Uncontested Cases

1.  For hearings in satellite sessions.

     Commencing immediately, any justice sitting in any satellite session (Concord, Marlboro, Lowell) will at any time hear any agreement or uncontested matter that brings a pending complaint (divorce, modification, paternity, separate support, contempt [provided that there is no further review date], equity, will contest, etc.) regardless of the judge to whom the case is, under the individual calendar system, generally assigned, provided:

1. a Probate and Family Court judge is assigned to the satellite on the desired date;

2. counsel or a party contacts the Court's Scheduling Department in Cambridge at least two business days prior to the desired hearing date and informs the representative that he/she/they would like to have a particular case heard, on an uncontested basis in a particular satellite on a specific day; (such advance notification is necessary in order to verify the availability of a judge in the desired satellite session on the date requested and to assure that the case file would be sent to the satellite session in time for the hearing); and,

3. the underlying complaint is, as noted above, being brought to final judgment as a result of the uncontested hearing.

II.  For hearings in Cambridge sessions.

     The forgoing policy regarding the hearing of uncontested cases also applies to uncontested matters brought forward in Cambridge.  If, however, an uncontested case is brought to court in Cambridge without advance notice to the Scheduling Department, it may still be heard, but the parties may be responsible for locating the file and bringing it to the appropriate courtroom with all required documentation.  If the Judge to whom the case is generally assigned is sitting in Cambridge, the matter will be heard by the assigned Judge.  If the assigned Judge is not sitting in Cambridge, then the matter will be referred to the emergency Judge, who will then either hear, or determine which judge sitting in Cambridge will hear, the uncontested case.

III.  Procedure applicable to all such uncontested hearings.

     In order to be heard on a specific date, all parties and counsel must check into the session where the case will be heard by 9:00 a.m. if the case is to be heard in the morning.  If a case is to be heard in the afternoon, the parties must all be present in the assigned session and prepared to proceed by 2:00 p.m.  As the Court will be hearing such uncontested cases only at those times, all parties must be present in, and checked into, the session with the case file and prepared to proceed by no later than 9:00 a.m. or 2:00 p.m.

     Please Note:  If there is a future hearing date (for trial, pretrial or motion) already scheduled, the parties need to inform the Clerk of such so that the future date may be cancelled.