Massachusetts Request For Emergency Hearing

State:
Massachusetts
Control #:
MA-SKU-0971
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Description

Request For Emergency Hearing

Massachusetts Request for Emergency Hearing is a motion to the court that requests an expedited hearing due to the urgency of a dispute or situation. This motion is used when a party believes that a delay in resolution of a dispute could result in irreparable harm to their case. The Massachusetts Request for Emergency Hearing is usually used to get a temporary restraining order or injunction, or to seek a decision on a motion quickly. The two types of Massachusetts Requests for Emergency Hearing are ex parte (one-party) and regular (two-party) hearings. For the ex parte hearing, the court may grant the request if the party can demonstrate good cause, which includes an urgent need for a decision and that the party will suffer great harm without the court’s intervention. For regular hearings, the parties must agree to the hearing or the court can set the hearing date.

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FAQ

What is a Section 12? In Massachusetts, Section 12 of Chapter 123 of the Massachusetts General Laws controls the admission of an individual to a general or psychiatric hospital for psychiatric evaluation and, potentially, treatment.

The petitioner must go to the local court and file a written petition or affidavit for an order of commitment. Petitions may be filed at any District or Juvenile Court, regardless of home residence of the person being petitioned.

The Department of Mental Health, as the State Mental Health Authority, assures and provides access to services and supports to meet the mental health needs of individuals of all ages; enabling them to live, work and participate in their communities.

Section 12: Emergency restraint and hospitalization of persons posing risk of serious harm by reason of mental illness.

What is a Section 12? In Massachusetts, Section 12 of Chapter 123 of the Massachusetts General Laws controls the admission of an individual to a general or psychiatric hospital for psychiatric evaluation and, potentially, treatment.

Individuals (such as family members) can ask the court to order an emergency mental health commitment, called Section 12 (e) or a commitment for treatment of alcohol or substance use disorder, called a Section 35, by speaking to a clerk in the court.

More info

An emergency hearing is one heard on the same day as an application is made. It is also known as an ´abridged hearing´.The applicant should request an evidentiary hearing if testimony is necessary for the relief sought. In order for the Court to consider a request for an emergency hearing, the following procedures must be followed: 1. Most emergency hearings can only result in temporary orders. A full hearing will be scheduled and you will be provided with another hearing date and time. How do I ask for a Fair Hearing? Are there time limits for requesting a Fair Hearing? If you have an emergency and need emergency temporary orders before your hearing date in 30 days, then you may consider filing an Ex Parte Request for Order. Administrative Order 5.

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Massachusetts Request For Emergency Hearing