Probate and Family Court Standing Order 1-26: In-person and remote hearings
Effective June 1st, 2026, the Massachusetts Family and Probate Court implemented Standing Order 1-26. Standing Order 1-26 reaffirms broad judicial discretion while establishing presumptive formats for many routine case events (in-person vs. remote), clarifying email/e-filing practices, and restating prohibitions and procedures for public access and recording. Judges retain the authority to order hearings to be held remotely or in person based on due process and fairness. You can access Order 1-26 here.
Here is a simplified breakdown of the changes this will make, specifically to in-person and remote hearings.
In-person proceedings
• The Court will schedule in-person hearings for all matters except those listed in the paragraph below and those a judge chooses to hear remotely.
• In-person hearings are to be conducted on a staggered schedule.
• A party may request that an otherwise in-person hearing be conducted remotely; the judge decides that request.
• A judge may allow a single participant (attorney, party, or witness) to appear remotely while others appear in person; such requests must preserve due process and fairness.
• A participant who requests remote participation in an otherwise in-person proceeding cannot later object to other participants appearing in person.
Remote proceedings
The following matters are presumptively remote unless the assigned judge determines otherwise:
• Adoption
• Joint petition for divorce
• Child support hearings held in Case Conferencing Sessions
• Treatment plan review
• Failure to file the guardian case plan report hearing
• Permanency plan review / § 29B annual review for children in DCF custody
• Complaint for dependency (§ 39M)
• Case management/status/scheduling conferences
• Discovery disputes (e.g., motion to compel, motion to quash)
• Motion to continue non-trial events
• Motion to dismiss
• Motion to amend a complaint/petition (if a hearing is warranted)
• Motion for assessment of attorney’s fees
• Motion for attorney’s fees pendente lite
• Motions that do not require an evidentiary hearing
• Absent exceptional circumstances, parties and attorneys should not be physically present in the courtroom for scheduled remote hearings.
• When self-represented litigants are involved, judges should consider access and experience with technology and either assist the litigant or offer an in-person option.
Public access rules
Public access depends on the format of your hearing:
• In-person hearings (no parties remote): the public attends in person.
• Remote hearings (all parties remote): the public may access remotely (public phone access will be provided).
• Hybrid hearings (at least one party in person and at least one remote): the public attends in person unless the court grants permission to access remotely.
• The Probate & Family Court website will list phone numbers for public access; members of the public should contact the Register’s Office for case-specific instructions.
Conclusion
Although this may appear to be a lot of information, the Court uses both remote and in-person options to maximize efficiency. It’s important to keep up to date with these new standing orders, so when it’s your court day, you ensure it goes swiftly.