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Probate and Family Court standing order 2-99

On July 2, 2012 the Probate and Family Court will implement changes to standing order 2-99. Standing Order 2-99 governs the “procedure for submission and disposition of certain post-hearing motions.”  Motions filed pursuant to standing order 2-99 must include the name of the justice who made the original order and must cite the applicable rule related to the relief requested.

The types of motions that may be filed under standing order 2-99 include: Rule 52 to amend findings of fact; Rule 52, to amend conclusions of law; Rule 59, for new trial; Rule 59(e), to amend judgments; and Rule 60, for relief from judgment and order.

All filings made by mail must note the amended standing order on the lower left corner of the mailing envelope, writing “Post-hearing Motion” will suffice.  The motion should include a brief statement, not to exceed five pages, indicating the facts and law that support why the motion should be granted.  Opposition papers may be filed within ten days after service of the motion.  If a party requests a hearing, the court may schedule a hearing, but is not required to do so.  The court may act on the motion without a hearing, based upon the written submissions under the standing order.

The changes were recommended by the Probate and Family Court  Bench/Bar Committe on Rules.

CHOOSE YOUR MEDIATOR WISELY

The Massachusetts Supreme Judicial Court recently issued an opinion on whether a lawyer, disciplined and disqualified from practicing law, may serve as a mediator. While the court recognized that generally mediation is not considered practicing law, it did suggest several circumstances where a lawyer may be prohibited from acting as a mediator, due to bar discipline.
The Court articulated the following factors, “(1) whether the type of work is customarily performed by lawyers as part of their legal practice; (2) whether the work was performed by the lawyer prior to suspension, disbarment, or resignation for misconduct; (3) whether, following suspension, disbarment, or resignation for misconduct, the lawyer has performed or seeks leave to perform the work in the same office or community, or for other lawyers; and (4) whether the work as performed by the lawyer invokes the lawyer’s professional judgment in applying legal principles to address the individual needs of clients.”
While this may be an extreme example, not all mediators are alike. Experience counts! Take the time to interview several mediators to find the right fit for you. Call our case manager, Yvonne, at 508 795 0200. She will explain the mediation process and match you with one of our qualified and experienced divorce and family law mediators. At Parker Mediation, you have choices. Call us today to get started, 508 795 0200.