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Massachusetts Probate and Family Court Standing Order 3-08: Impoundment of Qualified Domestic Relations Orders, Domestic Relations Orders and Orders Commonly Known as Mangiacotti Orders

[Disclaimer]

Unless otherwise ordered by the court, all qualified domestic relations orders, domestic relations orders and orders issued pursuant to Contributory Retirement Board of Arlington v. Mangiacotti, 406 Mass.184, (1989) are impounded. As used herein, “impounded” shall mean the act of keeping the orders separate and unavailable for public inspection. The following procedure will be followed:

1. Upon filing with the court, the orders shall be kept separate from the case file and unavailable for public inspection. Access to inspect the impounded orders is limited to the court, the attorney(s) of record, if any, and the party(ies), unless otherwise ordered by the court.

2. In accordance with Trial Court Rule IX, Rule 2, Uniform Rules on Subpoenas to Court Officials, the Register shall not provide a copy of the impounded orders to a person who is not a party to the case.

3. Relief from impoundment may be sought by Motion supported by affidavit, and may be granted after notice by the court only upon written findings.

4. Service of the Motion for Relief from Impoundment and affidavit shall be made on all parties in accordance with Rule 5 of the Massachusetts Rules of Domestic Relations Procedure. The time periods for hearing shall be as set forth in Rule 6 of the Massachusetts Rules of Domestic Relations Procedure.

Effective March 10, 2008.