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Access to Justice: New Procedures in Probate & Family Court

On March 15, 2010, the Chief Justice of the Probate & Family Court released uniform Probate and Family Court Scheduling Practices and Procedures . These procedures include certain requirements intended to promote predictability and uniformity of practice for the scheduling of all types of hearings in the Probate and Family Courts throughout the Commonwealth. The practices include mandatory scheduling of a next event and other requirements intended to keep cases moving forward. One of the changes is to the Motion scheduling practice. Although some courts, such as Plymouth Probate & Family Court, previously allowed for scheduling of Motions at the discretion of the litigants (within the Notice rules ), other courts, such as Norfolk, Middlesex and Suffolk Counties, only allowed for scheduling of Motions by the rules of their individual trial departments. According to the Chief Justice's new procedures: "There shall be no restrictions on the number or timing of motions ...