In MA, can you appear at a motion in Superior Court via phone or conference/Skype if you are unable to attend in person?
4 attorney answers
I have a case in Superior Court right now in which the court invited the opposing party to appear at the hearing on her motion to dismiss by video-conferencing (or to submit on the papers, with no appearance), because she lives out of the country.
It is completely up to the judge. Follow Atty. Sachs' advise.
To questioners from West Virginia & New York: Although I am licensed to practice in your state (in WV, on inactive status as of 9/13), I practice on a day-to-day basis in Massachusetts. I answer questions in your state in areas of the law in which I practice, and in which I feel comfortable trying to offer you assistance based on my knowledge of specific statutes in your state and/or general principles applicable in all states. It is always best, however, to work with attorneys and court personnel in your own area to deal with specific problems and factual situations.
Thanks. Do we then call the judge's courtroom?
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It is possible depending on the circumstances surrounding the motion. Please consult with your attorney.
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It's possible. You should ask the attorney on the other side if he/she will agree to it and then ask the judge, by way of a motion giving a good reason why you cannot appear in person.
This answer does not create an attorney/client relationship and the answer is not intended to be relied upon as legal advice to a specific person.
Thank you Ms. Sachs. Is there a statute on this on the internet by any chance?
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Thank you. Is it customary to ask the judge if the judge doesn't offer the option (or the clerk)?
Lauren G. Klein
Definitely ask; don't wait for it to be offered. In fact, you should do it in the form of a motion to the court. Use numbered paragraphs to explain the circumstances preventing you from appearing in person, and ask respectfully for permission to appear by video. Do it well in advance. Good luck.
Thanks Ms. Klein. Do you know if they have Skype or other video conferencing in all courtrooms in MA Superior Court? Do you know what that motion would be called?