(2) Upon the filing of an action and in accordance with the track designated by the plaintiff, the clerk shall issue a tracking order that establishes the tracking deadlines for completion of the stages of litigation. (1) The cover sheet will alert parties to the existence of this Standing Order and to the track designation. While the clerk shall provide notice to all parties and their counsel of the track designation and corresponding tracking deadlines, the final responsibility for obtaining information from the clerk about the designation of the case and the corresponding tracking order shall rest with each party. (3) The session judge assigned to the case will endorse the Motion in accordance with Superior Court Rules 9A and 20.
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(2) Any party wishing assignment to an individual track must complete and submit the form “Motion for Case-Specific Management” appearing in the Appendix of Forms to the Superior Court Rules and available for download on the Superior Court’s website. (1) By order of the court, or stipulation of the parties, a civil action shall be assigned to its own individual track, which shall supersede the requirements of this standing order, provided that all deadlines in the individual track occur no later than the tracking order dates applicable to the case type, as established by the “Schedules of Case Types by Track,” below. The motion shall comply with Superior Court Rule 9A, and shall be referred to the attention of the Session Judge. (3) For good cause shown, a party may move that a case be designated to a track other than the track selected by the plaintiff on the civil action cover sheet. (2) The plaintiff shall indicate the nature of the action and the appropriate track designation on the civil action cover sheet. (1) All civil actions shall be designated for purposes of this standing order as falling within one of three tracks based upon the nature of the case:Ī listing of case types by track is set forth in Schedules F, A, and X below.
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(3) The Court will schedule trial dates for both jury and jury-waived cases on its own initiative.ġ. (2) This Standing Order is applicable to all counties. (1) All civil actions filed in the Superior Court shall be subject to the provisions of this Standing Order. We have meticulously avoided intrusion into this rich culture except to the extent necessary to preserve to the Court its responsibility to manage the pace of litigation without disturbing the harmony of the trial bar. The Court recognizes and is sensitive to the impact that this Standing Order will have on local legal culture. Nothing in this Standing Order shall act as a bar to any form of early intervention by the Court to identify cases suitable for alternative dispute resolution. Such alternate methods of dispute resolution are compatible with the case management objectives of these time standards. This Standing Order recognizes that there are viable alternative methods of dispute resolution that may avoid delay and reduce the expense inherent in court proceedings, such as mediation, arbitration, summary jury trials, mini-trials, and reference to masters. The concept of early and continuous judicial supervision and control is intended to enhance the quality of litigation and ensure that justice is fairly rendered. To the extent that memory dims or becomes unreliable over prolonged periods of time, a just determination may be jeopardized.
The Court recognizes that the litigation process is memory dependent. 1, the Justices of the Superior Court, through our Chief Justice, hereby adopt these time standards as a standing order of the Superior Court (“Standing Order”). ” and in an effort to “secure the just, speedy and inexpensive determination of every action,” Mass.R.Civ.P. an attack on excessive delay and excessive cost of court proceedings. Responding to and complying with the directive of the Supreme Judicial Court for “.
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