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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.