| What is the fee for filing
a Single Justice matter?
Can the filing fee be waived?
How many copies do you require?
What are the service requirements?
How do I schedule a single justice hearing?
What if the opposing party does not assent to a hearing?
Do you conduct telephone hearings?
Do you accept papers by facsimile?
When are the Single Justice hearings?
1. What is the fee for filing
a Single Justice matter?
The fee is a non-refundable check made payable to the Commonwealth
of Massachusetts for $315.00.
2. Can the filing fee be
waived?
Yes. The filing fee can be waived upon a showing of indigency. You must file a
motion to waive the fee and an affidavit in support of the motion.
3. How many copies do you
require?
Only the original document is required.
4. What are the service
requirements?
A certificate of service reflecting the mode of service is required for all
papers filed. In original actions, the clerk will accept a certificate of
service for complaints. A summons available for $.50, is not required.
5. How do I schedule a single
justice hearing?
A party seeking a hearing must file a pleading called a Joint Request
For Hearing. The moving party must obtain the assent of the opposing
party for a date from the single justice calendar. Once the assent
is received, the pleading should state that all counsel/parties
to the case have agreed to a hearing and should also specify the
date(s) from the single justice calendar
that the parties are available for a hearing. Once the date is selected
for a hearing, the responses to the petition are due seven days
prior to hearing or at a time specified by the single justice. The
single justice will consider the request for hearing. The parties
will be notified by the clerk's office once the single justice determines
whether or not to conduct a hearing or if the single justice has
determined that a ruling will issue without a hearing.
6. What if the opposing party
does not assent to a hearing?
A Request For Hearing should be filed by the party seeking a hearing
even if the party requesting a hearing cannot obtain the assent
of some or any of the other parties to the case. The party seeking
a hearing should submit a letter identifying why a hearing is necessary.
The party opposed to a hearing may submit a letter indicating why
a hearing may not be necessary. The single justice will determine
whether or not a hearing should be conducted. If the single justice
orders a hearing, the parties will be notified by the clerk's office
of the hearing date and time.
7. Do you conduct telephone
hearings?
Yes. For the convenience of the parties in distant venues or in emergent
situations, a hearing by telephone is available.
8. Do you accept papers by
facsimile?
Yes. In emergent situations, the clerk's office will accept papers
by fax. However, it is required that the original papers be filed
with the clerk's office.
9. When are the Single
Justice hearings?
Generally, the Single Justice hearings are held every Wednesday usually
beginning at 9:30 a.m. See the Single Justice Calendar
for specific dates.
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