6th Standing Order
The Superior Court issued its most recent Standing Order to update its protocols governing court operations during the ongoing COVID-19 pandemic. This standing order took effect on May 1, 2021, and contains the following key provisions governing jury trials, bench trials, and court operations.
General Information:
Courthouses will be open to the public, but courts may continue to conduct some business virtually to limit the number of people entering the courthouses.
Cell phones and other personal electronic devices will be allowed in state courthouses, but they must be used in compliance with these rules.
Who Can Enter a Courthouse?
Courthouse personnel and employees
People who are present for one (or more) of these reasons:
Attending in-person court proceedings
Conducting in-person business with a clerk’s, register’s, or recorder’s office
Reporting for jury service
Meeting with a probation officer/probation staff person
Observing court proceedings
Conducting business at other offices that are open to the public and housed in the courthouse
Requirements for Entry:
To enter the courthouse, you are required to wear a face mask or cloth covering. You should bring your own with you.
You will be required to answer screening questions when you enter. They are:
Have you tested positive for or have you been clinically diagnosed with COVID-19 in the last 14 days?
Are you currently experiencing, or have you experienced within the last 3 days, any symptoms of COVID-19?
Fever or chills
Sore throat
Severe cough
Shortness of breath
Severe muscle pain
Headache
Loss of taste/smell
Extreme fatigue
Nausea, diarrhea, or vomiting
Have you been advised by a medical professional to self-quarantine within the last 14 days?
Are you required to quarantine under the Mandatory 14 Day Quarantine Requirement for Travelers Arriving in Massachusetts?
Do you live with someone who has tested positive for or has been clinically diagnosed with COVID-19 in the last 14 days?
Are you awaiting COVID-19 test results or do you live with someone who is awaiting COVID-19 test results?
How Can Entry Be Limited?
In order to maintain physical distancing, courthouse staff may sometimes have to limit the amount of people who can enter the courthouse. If this needs to happen, people will be admitted in this order of priority:
People addressing emergencies
People participating in a scheduled in-person proceeding (trial, jury duty, conference, etc)
People with scheduled or required meetings with probation or staff for supervision purposes
People with a scheduled appointment within the courthouse
All others
The presiding judge can decide who is allowed to be in the courtroom for in-person proceedings. They can also decide how members of the public, including the media, can access the proceedings.
If a virtual hearing is scheduled, only court personnel can be present in the courtroom unless there is special permission from the judge.
In-Person vs. Virtual Hearings: Who can be present in the courtroom?
For public health and safety, some justices can make court business virtual or move it to another location. If they do this, they must post clear guidance online, so be sure to check just in case.
No party can be physically present in the courtroom during a virtual hearing unless there are exceptional circumstances.
If there is an in-person hearing scheduled, a party can request that it happens virtually, and the presiding judge makes the final decision. Judges can also allow a participant to appear virtually when others are in person if requested, as long as it protects the participant’s constitutional rights. The virtual participant cannot object to others appearing in person.
Court clerks’ offices will be open to the public to conduct court business, but they will still work to conduct some business virtually to help limit the amount of people in the courthouse. They will provide secure, accessible drop boxes for people who wish to hand-deliver documents and will provide online guidance that explains how to file documents without coming into the office.
Jury Trials:
Jury trials resumed May 1, 2021. They will be conducted in accordance with recommended health and safety practices. Plans may be adjusted at any time.
During Phase 3 (the current phase), Trial Court departments will conduct trials of either 6 or 12 jurors, plus alternates.
Priority will be given to jury trials in which the defendant is already in custody.
In Superior Court and Juvenile Court Youthful Offender Cases, each defendant or juvenile will be limited to 4 peremptory challenges during jury empanelment (with the prosecution having an equal number of challenges).
In District/Municipal Court and Juvenile Court Delinquency cases, each defendant or juvenile will be limited to 2 peremptory challenges (with the prosecution having an equal number of challenges).
Bench Trials:
Criminal bench trials will be conducted in person unless all parties and the judge agree to do the trial virtually.
Scheduling for bench trials in criminal cases will give priority to cases where the defendant is already in custody, with special priority for those who have been in custody the longest.
Jury Duty:
The Jury Commissioner reserves the right to excuse potential jurors who request it based on vulnerability to COVID-19, whether they themselves are vulnerable, if they live with someone who is, or if there are other COVID-19 related circumstances at play.
Jury selection may be done remotely with the consent of all parties.
Grand juries of 23 members or less may be empaneled according to Rule 5.
No new grand juries can be selected without approval from the Superior Court Regional Administrative Justice, who will also set rules in order to minimize risk for participants.
Other Information:
A party that has had a trial or other non-emergency hearing postponed may apply for a conference with the court where the proceeding was set to occur and address issues that have come up due to postponement.
In criminal cases, the defendant may ask the court to reconsider bail or conditions of release.