The Massachusetts Probate & Family Court is continuing its transition toward a more technology-driven court system with the implementation of Standing Order 1-26, which takes effect June 1, 2026. The new standing order establishes a statewide framework governing when hearings may occur remotely, in person, or through hybrid participation.

While many litigants became familiar with remote hearings during recent years, the new order signals that virtual court proceedings are no longer viewed as temporary accommodations. Instead, Massachusetts courts are formally integrating technology into long-term court operations and case management.

A More Flexible Court System

For many years, nearly every court appearance required attorneys, litigants, witnesses, and family members to physically travel to the courthouse regardless of the nature of the proceeding. Even short procedural hearings often required hours away from work, childcare arrangements, transportation costs, and extended courthouse waiting times.

Standing Order 1-26 reflects a growing recognition that many court matters can be handled more efficiently through secure video conferencing technology without compromising fairness or judicial oversight.

Under the new framework, many procedural matters and administrative hearings may routinely proceed remotely, while trials and evidentiary hearings involving witness testimony will generally continue to occur in person.

This approach allows courts to tailor the format of proceedings based on the complexity and nature of each case.

What Types of Hearings May Be Remote?

The Probate & Family Court’s updated framework preserves remote access for a variety of proceedings that often do not require live testimony or extensive evidentiary presentation.

Examples may include:

• Joint uncontested divorce hearings
• Scheduling conferences
• Discovery-related disputes
• Status conferences
• Certain child support matters
• Procedural motions
• Case management hearings

By allowing many of these matters to proceed remotely, the court system may become more manageable for working parents, self-represented litigants, elderly individuals, and parties with transportation or scheduling limitations.

Hybrid Hearings Reflect Modern Court Operations

One of the more significant developments under Standing Order 1-26 is the formal expansion of hybrid hearings. In hybrid proceedings, some participants may appear in person while others participate remotely.

This model mirrors how many businesses and professional industries now operate by combining in-person and virtual participation depending on practical needs.

Hybrid proceedings may help:

• Reduce courthouse congestion
• Improve scheduling flexibility
• Limit unnecessary travel
• Allow attorneys to manage multiple court matters more efficiently
• Reduce delays in case scheduling

For example, a brief scheduling conference may involve attorneys appearing remotely while certain parties attend in person, or a witness may participate virtually with court approval under appropriate circumstances.

Rather than imposing a rigid one-size-fits-all system, the court is creating greater flexibility in how cases are managed.

Increased Access to Justice Through Technology

One of the primary goals behind expanded remote hearings is improving access to the court system.

For many litigants, attending court can create significant logistical and financial burdens, including:

• Lost wages from missing work
• Childcare expenses
• Transportation and parking costs
• Long-distance travel
• Scheduling disruptions for families

Remote appearances may significantly reduce these barriers and allow individuals to participate in court proceedings more efficiently.

At the same time, the standing order recognizes that technology does not benefit everyone equally.

Courts Continue Balancing Technology With Fairness

Importantly, the new order acknowledges that some litigants may face challenges involving:

• Internet access
• Device availability
• Technical literacy
• Language interpretation needs
• Accessibility accommodations

As a result, judges retain discretion to allow in-person participation where remote proceedings may create practical difficulties or unfairness.

This flexibility is likely to remain an important feature of Probate & Family Court operations moving forward.

In-Person Hearings Remain Important

Although remote proceedings are expanding, the Probate & Family Court continues to prioritize in-person hearings for matters involving contested testimony, credibility determinations, and complex evidentiary disputes.

Certain proceedings still benefit substantially from direct courtroom interaction, particularly in emotionally charged family law matters involving custody, parenting disputes, or contested factual issues.

The new standing order reflects an effort to balance technological efficiency with the importance of maintaining fairness and integrity in the judicial process.

The Legal System Continues to Evolve

Standing Order 1-26 represents part of a broader modernization trend throughout the Massachusetts legal system. Courts increasingly rely on:

• Electronic filing systems
• Online case management portals
• Video conferencing platforms
• Digital evidence presentation
• Remote interpreter services
• Virtual public access systems

Technology is no longer simply a temporary convenience within the court system. It is becoming a permanent part of how courts operate, schedule hearings, and manage growing caseloads.

At Berid & Schutzbank, LLC, the firm closely monitors developments affecting Massachusetts Probate & Family Court procedures and family law litigation. As remote and hybrid hearings continue reshaping court operations, understanding how these evolving procedures affect divorce, custody, support, and probate matters will remain increasingly important for both litigants and attorneys navigating the Massachusetts court system.