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Massachusetts Superior Court Standing Order 9-80: Requests For Special Assignment Of Justices To Civil Actions

Applicable to All Counties. Applicable to All Civil Actions.

[Disclaimer]

In order to facilitate and clarify the orderly processing of requests by counsel for assignment of certain civil actions to a justice to be specially designated for pre-trial or trial proceedings or both, it is hereby ORDERED that the following uniform procedure is to be employed:

1. Definition. The term "party" shall mean the attorney of record for a party, if represented by counsel, or, if the party is not represented by an attorney, the party acting pro se.

2. If all of the parties agree that a particular civil action should be specially assigned to a justice of the Superior Court, designated by the Chief Justice of the Superior Court, they shall jointly complete and execute a "Request for Special Assignment of a Justice" in the form annexed hereto marked "Request A" Request A shall in each instance be accompanied by a copy of the current docket entries.

3. If a party (but not all of the parties) desires such a special assignment, the party(ies) seeking the assignment shall complete and execute a "Request for Special Assignment of a Justice" in the form annexed hereto marked "Request B." Request B shall in each instance be accompanied by a copy of the current docket entries.

4. Request A, fully completed, shall be submitted by the parties to the Chief Justice for his/her consideration and action thereon.

5. Request B, fully completed, shall be submitted by the requesting party(ies) to the Chief Justice for his/her consideration and action thereon. The submitting party(ies) shall notify all nonassenting parties of the submission to the Chief Justice; nonassenting parties will have seven days from receipt of the Request to submit a letter to the Chief Justice in opposition to the Request succinctly stating the grounds for the opposition thereto. Additionally, nonassenting parties may also recommend judges who would be acceptable for the special assignment should the request be approved by the Chief Justice.

6. Even if all parties have agreed, in his/her discretion the Chief Justice may require a conference with the parties before taking action on a Request. If so, the parties will be notified seasonably of time and place.

7. The Chief Justice will notify all parties of his/ her decision on each Request submitted, and, if allowed, of the identity of the justice specially appointed.

This standing order supercedes Standing Order 9-80 dated August 25, 1988. Adopted December 1, 1980. Amended August 25, 1988, effective October 1, 1988; amended January 17, 2000, effective February 28, 2000.

Request A

COMMONWEALTH OF MASSACHUSETTS

SUPERIOR COURT
CIVIL ACTION NO.

___________________ ss.

_______________________

vs.

_______________________

JOINT REQUEST FOR SPECIAL ASSIGNMENT

[Pursuant to Standing Order No. 9-80, as Amended]

All of the parties to the above-entitled action jointly request that this case be assigned to a justice of the Superior Court to be specially designated by the Chief Justice to conduct proceedings herein. A copy of the current docket entries is attached hereto.

1. List all parties (including third-parties) and counsel of record.

Plaintiffs Counsel

Defendants Counsel

2. Please provide a brief description of the case.

3. Why should this case be specially assigned? Are there any novel issues or questions of law? What is the expected length of the trial?

4. Counsel (parties) have conferred and all agree that the following judges would be acceptable for this special assignment(1):

1.
2.
3.
4.
5.
6.

(Counsel for) All Plaintiffs

(Counsel for) All Defendants

Dated:

(1). It is understood that the Chief Justice reserves the right, however, to designate any justice of the court.

Request B

COMMONWEALTH OF MASSACHUSETTS

SUPERIOR COURT
CIVIL ACTION NO.

___________________ ss.

_______________________

vs.

_______________________

REQUEST (NON-JOINT) FOR SPECIAL ASSIGNMENT

[Pursuant to Standing Order No. 9-80, as Amended]

The following parties to the above-entitled action request that this case be assigned to a justice of the Superior Court to be specially designated by the Chief Justice to conduct the proceedings herein. A copy of the current docket entries is attached hereto.

1. List all parties (including third-parties) and counsel of record.

Plaintiffs Counsel

Defendants Counsel

2. Please provide a brief description of the case.

3. Why should this case be specially assigned? Are there any novel issues or questions of law? What is the expected length of the trial?

4. List the names of all parties opposing this request:

5. The requesting party suggests that the following judges would be acceptable for this special assignment (1):

1.
2.
3.
4.
5.
6.

Attorneys for the requesting party(ies).

Dated:

(1). It is understood that the Chief Justice reserves the right, however, to designate any justice of the court.

Adopted December 1, 1980. Amended August 25, 1988, effective October 1, 1988; amended January 17, 2000, effective February 28, 2000.