7th Standing Order

Supreme Judicial Court Seventh Standing Order regarding court operations under the exigent circumstances created by the COVID-19 pandemic

 These changes will be effective starting on July 12, 2021

Clerks’ Offices

All court clerks' offices shall be open to the public for in-person business.  

  • For the convenience of court users, clerks’ offices may provide a drop-box in a secure and accessible location at the courthouse for the benefit of persons who wish to hand-deliver pleadings or other documents for filing without entering the clerks’ office.  

  • Each Trial Court must provide guidance on the COVID-19 webpage on how pleadings and other documents can be filed without coming to the clerks’ office.

Cell Phones and other Personal Electronic Devices

Cell phones and other PEDs shall not be banned from any state courthouse.  

  • Cell phones and other personal electronic devices must be used in compliance with the Trial Court Administrative Order 21-1, the Order Concerning Trial Court Policy on Possession & Use of Cell Phones & Personal Electronic Devices.

Jury Trials

After July 9, 2021, there will be no further COVID-19-related limitations or restrictions on where1 and how jury trials are conducted.

  • As more jury trials resume, priority should continue to be given to trials in criminal and youthful offender cases where the defendant or the juvenile is in custody.

Criminal cases in the Superior Court and youthful offender cases in Juvenile Court that typically would be tried to juries of twelve may be tried to juries of six with the consent of the defendant(s) or juvenile(s)

  • If a case is tried to a jury of six, each defendant or juvenile will be limited to four peremptory challenges, and the Commonwealth to as many challenges as equal the total to which all the defendants or juveniles in the case are entitled, regardless of whether additional jurors are empaneled.

Criminal cases in the District Court and Boston Municipal Court and delinquency cases in the Juvenile Court will limit each defendant or juvenile to two peremptory challenges and the Commonwealth to as many challenges as equal the total to which all the defendants or juveniles in the case are entitled.

Remote empanelment and jury trials

The Trial Court departments, if they choose to do so, may conduct a petit jury empanelment remotely with the consent of all parties,

  • This includes providing an option for jurors to choose to appear in person with the written consent of all parties and a waiver by all parties of any objection to the composition of the jury pool.  

Continuances and Speedy Trial Computations

The further general continuance effectuated by this and Prior SJC Orders shall apply until October 1, 2021.  

  • Time periods of such general continuances4 shall continue to be excluded from speedy trial computations under Mass. R. Crim. P. 36.5

  • This is because the SJC found that this and Prior SJC Orders served the ends of justice and outweighed the best interests of the public and criminal defendants in a speedy trial.  

Bench Trials

Bench trials may be conducted in person or, at the discretion of the trial judge and with the consent of the parties, virtually.  

Application for Conference

A party who has had a trial or other non-emergency hearing postponed as a result of this or prior SJC Orders may apply for a conference with the court where the trial or other non-emergency hearing was to occur, in order to address matters arising from the postponement.  

  • In criminal cases, where appropriate, a defendant may ask the court for reconsideration of bail or conditions of release.  

 Virtual proceedings

Courts are able to continue to conduct certain proceedings virtually where it is consistent with constitutional rights and statutory requirements.  Each Trial Court department shall post notices to the "Court System Response to COVID-19" webpage as promptly as possible to provide clear guidance to the public and to members of the bar on the categories of matters being addressed virtually.

  • No party or attorney may be physically present in the courtroom for a scheduled virtual proceeding, except as determined by the judge or clerk-magistrate conducting the proceeding.

  • Where an in-person proceeding is scheduled, a party may request that the proceeding be conducted virtually, and the judge or clerk-magistrate scheduled to preside at the proceeding will rule on the request.  

  • A judge or clerk-magistrate may, upon request, may authorize a participant in a case to appear virtually while other participants appear in person, so long as it is consistent with the protection of statutory and constitutional rights.

    • A participant who requests to appear virtually for an otherwise in-person proceeding has no grounds to object to other participants appearing in person.  

Grand Jury

As permitted by Rule 5 of the Massachusetts Rules of Criminal Procedure, a grand jury of fewer than 23 grand jurors may be empaneled.  

  • Regardless of the number empaneled, a grand jury may sit only where there is a quorum of at least thirteen grand jurors, and may return an indictment only if at least twelve of the sitting grand jurors vote to indict.