18 • Massachusetts Lawyers Weekly October 4, 2004

may be sufficiently complex to require addi-tional judicial time to render a decision. Thecase should nonetheless continue on track.The status of the summary judgment motionshould be brought to the attention of thejudge at the pre-trial conference for his or herconsideration and action.

11 All toxic tort actions, including mold,lead and asbestos exposure claims, shall beplaced on the CV-A track. A judge, acting ona motion filed by any party, may for goodcause shown transfer a civil action from theCV-A track to the CV-F or CV-X track.

12 The dismissal will be entered automat-ically by the clerk-magistrate under the au-thority of this Standing Order and noticesgiven as required.

13 See Footnote 5, supra. 14 If a party who has been served had not

filed a response to the complaint, that partyshall be defaulted and notification of defaultshall be forwarded to the other parties.Where appropriate, cases shall be orderedfor assessment of damages.

15 A party may not have responded to time-ly filed requests for discovery at this junctureand accordingly a motion to compel produc-tion of that discovery would to be appropri-ate. All such motions must be filed within areasonable period, and further discovery re-sponses shall be served in accordance withthe court’s order and not later than the date

that the joint pre-trial memorandum is filed.This Standing Order does not change theduty of a party to supplement under the pro-visions of Mass.R.Civ.P.26(e).

16 Certain summary judgment motionsmay be sufficiently complex to require addi-tional judicial time to render a decision. Thecase should nonetheless continue on track.The status of the summary judgment motionshould be brought to the attention of thejudge at the pre-trial conference for his or herconsideration and action.

17 All G.L. c. 139, § 19 and G.L. c. 121B, §32 actions shall be placed on the CV-X track.A judge, acting on a motion filed by any par-ty, may for good cause shown transfer a civ-il action that involves only injunctive relieffor the CV-F to the CV-X track.

18 Because of the accelerated schedule, theCourt will not automatically schedule a CaseManagement Conference for a case placed onthe CV-X track.

19 A party may not have responded to time-ly filed requests for discovery at this junctureand accordingly a motion to compel produc-tion of that discovery would be appropriate.All such motions must be filed within a rea-sonable period, and further discovery re-sponses shall be served in accordance withthe court’s order and not later than the datethat the joint pre-trial memorandum is filed.This Standing Order does not change theduty of a party to supplement under the pro-

visions of Mass.R.Civ.P.26(e). 20 The dismissal will be entered automat-

ically by the Clerk-Magistrate under the au-thority of this Standing Order and noticesgiven as required.

21 Any party seeking to defend the agen-cy’s decision as supported by the substantialevidence or as not arbitrary or capricious, oris not an abuse of discretion shall have an af-firmative obligation to provide the court witha copy of the transcript or portion thereof insupport of its position.

22 Such record “shall consist of (a) the en-tire proceedings, or (b) such portions thereofas the agency and the parties may stipulate,or (c) a statement of the case agreed to by theagency and the parties. G.L.c.30A, § 14. Ajudge may enlarge the time for filing therecord, for good cause shown, upon allowanceof an appropriate motion.

23 A claim for judicial review shall be re-solved through a motion for judgment on thepleadings, Mass.R.Civ.P. 12(c), unless thecourt’s decision on a pretrial motion hasmade such resolution unnecessary.

24 No pre-trial conference will be held, andno pre-trial memorandum filed, unlessspecifically ordered by the Court.

25 If the plaintiff does not appear at thestatus hearing, the case will be dismissed.

26 The Massachusetts Rules of CriminalProcedure do not explicitly govern criminalproceedings in the Housing Court. See,

Mass.R.Crim.P., Rule 1(b). Nevertheless, theHousing Court looks to those rules for guid-ance where appropriate.

The time standard pertaining to criminalactions shall be applied with due considera-tion of the fact that as to criminal matters thatcome before it, the Housing Court’s principalobjective is to insure that residential proper-ty is brought into compliance with applicablehealth, building, sanitary, fire or other safetycodes. The primary purpose of code enforce-ment is to protect the public health and safe-ty rather than to punish past violations ascriminal offenses, Commonwealth v.Hadley, 351 Mass. 439, 442, 222 N.E.2d 681,683 (1966). However, the full range of crimi-nal sanctions set forth in the applicablestatutes, including fines and incarceration, areavailable to the Court in appropriate cases.

If it is found that the criminal offensecharged was not willful, intentional, recklessor repeated, the proceeding shall not bedeemed criminal and no record of the caseshall be entered in the probation records. G.L.c.185C, §19; Commonwealth v. Olivo, 369Mass. 62, 66-68, 337 N.E.2d 904, 908 (1975).

The time standards pertaining to criminalactions shall be applied by the court with dueconsideration for the above stated principles,and with due consideration to the possibili-ty that certain code enforcement cases shouldbe deemed civil and made subject to the civ-il action time standards provisions.

NEWS FROM THE COURTSCite this page 33 M.L.W. 318

Housing Court Issues Time Standards OrderContinued from page 17

ESSEX PROBATE AND FAMILY COURTAMENDED SCHEDULE FOR INDIVIDUAL CALENDAR - EFFECTIVE DECEMBER 6, 2004

SALEM (978)744-1020 LAWRENCE (978)686-9692

JUDGE

STEVENS, J.Docket #’s ending: 00-24Sessions Clerk:Debbie Bystrom ext: 292Trial ClerkNancy Deady ext. 418

SAHAGIAN, J.Docket #’s ending: 25-49

Clerk:Petrona Guilmet ext. 326Trial Clerk:Caroline Doucette ext. 426

CIRCUIT JUDGEDocket #’s ending:50-74

Trial Clerk:Tania Sone ext. 417

CRONIN, J.Docket #’s ending: 75-99

Sessions Clerk:Tara Kiley ext. 203

Trial Clerk:Omayra Thistlewood ext. 416

JUDGE

JUDGE MANZI

Sessions Clerk:Ralph Finck 978-686-9692 ext. 2208

Trial Clerk:Maureen Migliaccio(978) 744-1020 ext. 415

MONDAY

Uncontested matterswith agreements.

MOTIONS

TRIALS

Uncontested matterswith agreements.

Pre-Trial Conferencesand related motions.

Newburyport: 5th Monday

TRIALS

MONDAY

Contempts(Except the following)

Motions: 2nd Monday

Lobby Day:4th Monday

TUESDAY

TRIALS

Uncontested matterswith agreements.

MOTIONS

Contempts(except the following)

Motions: 1st Tuesday

Lobby Day: 4th Tuesday

TRAILS

TUESDAY

Uncontested Matterswith agreements.

Pre-Trial Conferencesand related motions

WEDNESDAY

TRIALS

TRIALS

TRIALS

Uncontested matterswith agreements.

MOTIONS

WEDNESDAY

Uncontested matterswith agreements.

MOTIONS

THURSDAY

Contempts(except the following)Motions: 1st Thursday

Lobby Day: 2nd Thursday

Contempts(except the following)

Lobby Day: 1st Thursday

Motions: 3rd Thursday

TRIALS

Contempts( Except the following)

Motions: 1st Thursday

Lobby: 3rd Thursday

THURSDAY

TRIALS

FRIDAY

Uncontested matters withagreements.Pre-Trial Conferences andrelated motions.Newburyport: 1st Friday

3rd Friday

Uncontested matters withagreements.Pre-Trial Conferences andrelated motions.Newburyport: 2nd Friday

Uncontested matters withagreements.

MOTIONS

Uncontested matters withagreements.

Pre-Trial Conferences andrelated motions

Newburyport: 4th Friday

FRIDAY

TRIALS

SCHEDULE FOR INDIVIDUAL CALENDAR - LAWRENCE SESSION - Lawrence, Methuen, and Andover

Essex Probate Court Posts Individual Calendar

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