Massachusetts Legal Process

The Massachusetts legislative process is how ideas become laws in the Commonwealth. This process involves multiple steps, public hearings, and votes by elected representatives. Understanding this process helps citizens participate in democracy and know when new laws take effect.

How the Legislature Works

Massachusetts has a two-year legislative session called the General Court. Each session begins in January of an odd-numbered year and ends in December of the following even-numbered year. For example, the current session runs from January 2025 through December 2026. During this time, legislators consider thousands of bills on topics ranging from education and healthcare to transportation and criminal justice.

The Massachusetts Legislature consists of two chambers: the House of Representatives with 160 members and the Senate with 40 members. Both chambers must approve a bill before it can become law. Most bills can start in either chamber, with two important exceptions. The state budget must begin in the House, and any bill that raises revenue cannot be considered by the Senate until the House approves it first.

Filing a Bill

Legislation can be filed by members of the House, members of the Senate, or the Governor. Citizens can also ask their legislators to file bills "by request," though these bills do not necessarily have the legislator's support. About 6,500 bills are filed during each two-year session.

The bill-filing deadline for legislators is 5:00 p.m. on the third Friday in January of the first year of the session. However, the Governor can file legislation at any time. Bills filed after the deadline, called "late files," require special approval from the Rules committees of both chambers and then a two-thirds vote from each chamber. In practice, the committees' recommendations are usually followed.

Once a legislator files a bill, the clerk's office assigns it an initial docket number and records it in the docket book. The clerks then give each bill a bill number and recommend which committee should review it. Bills starting in the House begin with "H" and Senate bills begin with "S."

Committee Hearings and Review

After a bill receives its number, it goes to a joint committee made up of members from both the House and Senate. These committees must hold a public hearing on each bill before them. Anyone can attend committee hearings and speak about the bill, though the committee chair may limit speaking time.

At the hearing, legislators, advocates, experts, and regular citizens provide written or oral testimony explaining why they support or oppose the bill. This public input helps committee members understand different viewpoints and potential impacts of proposed legislation.

After the hearing, the committee meets to decide what to recommend. Under the joint rules, committees must report on bills by the first Wednesday in February of the second year of the session, though they often request and receive additional time. The Joint Committee on Health Care Financing has a later deadline of the last Wednesday in March.

The committee can recommend that a bill "ought to pass" with or without changes, "ought not to pass," or receive a study order. A study order authorizes the committee to research the issue during recess and file a report of findings. However, most bills sent to study order receive no further action.

When committees make small changes to a bill, they attach amendments and the bill keeps its original number. More often, committees completely redraft bills, which then receive new bill numbers. Committees frequently combine provisions from multiple bills on the same topic into one new draft.

The Three Readings

Bills that receive favorable committee recommendations move through three readings in each chamber. This process ensures that all legislators have multiple opportunities to review, debate, and amend proposed legislation.

First Reading : The clerk reads the committee report to the chamber. After this reading, bills usually go to the Steering and Policy Committee. Bills involving state finances go to the Ways and Means Committee instead.

Second Reading : When the bill is released from Steering and Policy or Ways and Means, it is placed in the Orders of the Day. The full chamber can now debate the bill's merits and propose amendments. A favorable voice vote or roll call vote sends the bill to third reading.

Third Reading : After approval on second reading, the bill goes to the Committee on Bills in Third Reading, which checks for legal technicalities and proper citations. When released from this committee, the bill is read for the third and final time. Members can still debate and amend the bill at this stage.

Engrossment and Conference Committees

Once a bill completes its third reading in one chamber, members vote on "passage of the bill to be engrossed." If approved, the engrossed bill moves to the other chamber to repeat the entire three-reading process.

Both chambers must agree on identical versions of a bill. When differences exist between the House and Senate versions, a conference committee resolves them. The Speaker of the House and Senate President each appoint three members to the conference committee, with at least one member from the minority party in each delegation.

The conference committee negotiates a single version that both chambers then vote on without any amendments. In practice, conference committee reports are nearly always approved. Once both chambers pass the same version, the bill proceeds to an enactment vote.

The Governor's Role

After enactment, the bill goes to the Governor, who has several options:

Sign the bill : The bill becomes law after 90 days, unless it contains an emergency preamble (making it effective immediately) or specifies a different effective date.

Veto the bill : The bill returns to the Legislature with the Governor's reasons for rejection. The Legislature can override the veto with a two-thirds vote in both chambers, making it law without the Governor's signature.

Take no action : If the Governor holds the bill for ten days while the Legislature is in session, it becomes law without a signature. If those ten days occur after the Legislature adjourns, the bill only becomes law if the Governor signs it—a rule known as the "pocket veto."

Return with recommended changes : The Governor can send the bill back with suggested amendments. The Legislature can consider these changes but may also return the bill unchanged. If the Legislature does not act on the Governor's amendments, the bill does not become law.

Line-item veto : Only for budget bills, the Governor can veto or reduce individual appropriations or veto outside sections. The Legislature can override these vetoes with a two-thirds majority in both chambers.

Formal and Informal Sessions

The Legislature meets in both formal and informal sessions. Informal sessions typically occur on Mondays and Thursdays, while formal sessions are scheduled as needed by the Speaker of the House and the Senate President.

In informal sessions, no roll-call votes occur. Only non-controversial matters on which no member objects are considered and approved by voice vote. If any legislator objects, the matter does not advance. Usually, only a handful of members attend informal sessions to monitor proceedings and object if necessary.

Formal sessions consider all types of business, including committee reports, messages from the Governor, petitions, orders, and matters requiring public debate and roll call votes. In the first year of a session, formal sessions end on the third Wednesday in November. In the second year, they end on July 31.

When Laws Take Effect

In general, laws subject to the initiative and referendum process become effective 90 days after the Governor signs them. Laws not subject to this process take effect 30 days after signing. Days are counted consecutively, including holidays and weekends, and laws take effect at 12:01 a.m. on the effective date.

Both the Governor and the Legislature can designate laws as emergencies to take effect immediately. If the Legislature does so through an emergency preamble, the law takes effect when the Governor signs it. If the Governor designates it as an emergency, the law takes effect when the Governor's emergency letter reaches the Secretary of State.

The Legislature can also specify particular effective dates for laws. For example, a law might take effect two months, six months, or one year after enactment, depending on what makes sense for implementation.

Bills that do not pass by the end of the two-year session are no longer under consideration and must be refiled to be considered in the next session.

The Massachusetts Civil Court Process

When someone believes they have been wronged and should be compensated, they may file a civil lawsuit. Understanding the civil court process helps people protect their rights and navigate the legal system effectively.

Federal Court vs. State Court

An important first step is understanding the difference between federal and state court. This difference involves jurisdiction—which court has authority to decide your case.

State courts have broad, general jurisdiction and can hear almost any type of case. Federal courts have limited, specific jurisdiction and can only hear certain types of cases:

Federal Question Cases : Cases involving violations of federal law, such as civil rights violations or federal employment discrimination.

Diversity Cases : Cases where the plaintiff and defendant are citizens of different states and the amount in controversy exceeds $75,000, not including interest and costs.

Most personal legal matters, including family law cases, contract disputes between state residents, personal injury cases, and property disputes, belong in Massachusetts state courts.

Step 1: Writing Your Complaint

The complaint is the first document you file to start a lawsuit. It tells the court and the defendant why you are suing and what relief you want. A complaint contains four main parts:

Names and Addresses : List the plaintiff's name and address in the first paragraph and the defendant's name and address in the second paragraph. If suing multiple defendants, list each in separate numbered paragraphs.

Jurisdiction : Explain why your case belongs in this particular court. Reference the specific law giving the court authority to hear your case.

Allegations : State your claims against the defendant. Place each allegation in a short, clearly written numbered paragraph. Focus on the facts that support your legal claims.

Relief : Explain what you want the court to do. This might be money damages or an order requiring the defendant to do something or stop doing something. Write this in the last paragraph of your complaint.

If you want a jury trial, you must state this in a paragraph following your request for relief.

Do not worry if your complaint is not professionally written. Courts understand that people representing themselves are not trained lawyers. However, make every effort to state your case clearly and concisely. All documents submitted to court must be on standard 8½ x 11" paper.

Step 2: Filing Your Complaint

To file your complaint, you need to submit it to the appropriate court along with:

• The filing fee (currently $402 for federal court, varies for state court)
• A civil cover sheet providing basic case information
• Any other required forms

If you cannot afford the filing fee, you can file an Application to Proceed Without Prepayment of Fees, also called proceeding "in forma pauperis." You must provide detailed financial information showing you cannot pay the fee. The court reviews this application to ensure it is not frivolous, malicious, or fails to state a valid claim.

Even if your application is granted, you are still responsible for paying the filing fee over time through deductions from any funds in your prison account if you are incarcerated. This payment obligation continues even if your case is dismissed.

Step 3: Service of Process

After filing, you must serve the defendant with a copy of the summons and complaint. This is called "service of process" and ensures the defendant receives proper notice of the lawsuit.

You have two options for service:

Notice and Request for Waiver : You can mail the defendant a Notice of Lawsuit and Request for Waiver of Service form along with a copy of the complaint. Include a self-addressed return envelope. If the defendant signs and returns the waiver form, the case proceeds without formal service. However, you cannot use this method when suing the United States, state governments, or local governments.

Formal Service : If the defendant does not waive service or if waiver is not allowed, you must arrange formal service. A person over 18 who is not involved in the case must personally deliver the summons and complaint to each defendant. This person then completes a proof of service form confirming delivery.

If you are proceeding in forma pauperis, the United States Marshal will serve the defendants at no cost to you. You are responsible for completing all required forms for the Marshal's office.

Service must occur within 90 days of filing the complaint or the court may dismiss your case. Take this deadline seriously and follow up to ensure service happens on time.

Step 4: The Answer and Discovery

After being served, the defendant must file an answer—a formal written response to your complaint. The answer admits or denies each allegation and may assert defenses or counterclaims.

After the answer is filed, the case enters the discovery period. Discovery is when both sides exchange information, research the law, and gather evidence for trial. Discovery methods include:

• Interrogatories : Written questions the other side must answer under oath
• Requests for Production : Demands for documents, records, or other evidence
• Depositions : Sworn testimony taken outside of court with a court reporter present
• Requests for Admission : Statements the other side must admit or deny

Discovery rules ensure both sides have access to relevant information before trial. The court sets discovery deadlines in a scheduling order that establishes the case timeline.

Step 5: Motions and Court Orders

Throughout your case, either party can file motions asking the court to take specific actions. Common motions include:

• Motion to Dismiss : Arguing the case should be thrown out for legal reasons
• Motion for Summary Judgment : Arguing there are no genuine factual disputes and the case should be decided without trial
• Motion to Compel : Asking the court to order the other side to provide discovery responses
• Motion for Appointment of Counsel : Asking the court to appoint a lawyer if you cannot afford one

The court is not required to appoint attorneys in civil cases, but may do so in exceptional circumstances. Include information about your financial status, attempts to find a lawyer, and why your case needs legal representation.

Step 6: Settlement and Trial

Most civil cases settle before trial through negotiation between the parties. Settlement avoids the time, expense, and uncertainty of trial. Courts encourage settlement and may order parties to attend mediation or settlement conferences.

If settlement is not possible, the case proceeds to trial. At trial:

• Each side presents evidence through witness testimony and documents
• Parties can cross-examine the other side's witnesses
• The judge or jury evaluates the evidence and decides who wins
• The court enters a judgment specifying what the losing party must do

Trials can last from a few hours to several weeks depending on case complexity.

Important Rules for Self-Represented Litigants

If you represent yourself without an attorney, you are called a "pro se litigant." Pro se litigants have all the same rights as represented parties but must follow the same rules. Key requirements include:

Send copies to all parties : Whenever you file a document with the court, send a copy to all other parties or their lawyers. Note at the end of your document that you have done this.

Include your case number : Every document must show your civil action number on the document itself and on the envelope.

Sign all documents : Sign every document you file and write "Pro Se" after your name. Include your address and telephone number.

Follow court rules : Familiarize yourself with the Federal Rules of Civil Procedure and Local Rules of the court. These rules govern deadlines, document formats, and procedures.

Meet deadlines : Missing court deadlines can result in dismissal of your case or other penalties. Mark all deadlines on a calendar and respond promptly.

Courts make some allowances for pro se litigants but expect everyone to follow basic rules and procedures. If you struggle with any aspect of the process, consider consulting with an attorney, even if just for limited advice.

Massachusetts Divorce Process Timeline

Divorce represents one of the most common civil legal processes in Massachusetts. Understanding the divorce timeline helps people plan and make informed decisions.

Types of Divorce

Massachusetts recognizes two types of divorce:

1A Joint Petition (Uncontested) : Both spouses agree on all issues including property division, support, and child custody. This type typically takes 4-6 months.

1B Complaint for Divorce (Contested) : One spouse files the complaint and disputes must be resolved through negotiation or trial. This type typically takes 12-24 months or longer.

The 90-Day Rule

All Massachusetts divorces include a mandatory 90-day waiting period after the court issues a Judgment of Divorce Nisi. The divorce is not final until this 90-day period expires and the judgment becomes "absolute." This waiting period gives parties time to reconsider and ensures the decision is final.

During the 90 days, parties remain legally married and cannot remarry. After the 90 days pass with no appeal, the divorce becomes final automatically.

Key Divorce Steps

Filing : Submit required forms, including the Complaint for Divorce, certified marriage certificate, and statistical form. Pay the filing fee or apply for a waiver.

Service : In contested cases, serve divorce papers on your spouse within 90 days using a sheriff or constable.

Financial Disclosure : Both parties must exchange financial statements and supporting documents within 45 days of service under Rules 401 and 410.

Negotiation : Attempt to reach an agreement on property division, support, and custody through four-way meetings or mediation.

Temporary Orders : Request temporary orders for custody, support, or protection while the divorce is pending.

Trial : If agreement is not possible, the judge holds a trial to decide disputed issues.

Final Judgment : The court issues a Judgment of Divorce Nisi, which becomes absolute after 90 days.

When to Seek Legal Help

While you can navigate some legal processes on your own, certain situations benefit greatly from professional legal assistance:

• Complex cases : Cases involving substantial assets, business ownership, or complicated legal issues
• Child custody disputes : When children's welfare and parenting time are contested
• Court appearances : When you need to testify, cross-examine witnesses, or argue legal points
• Document preparation : When legal documents must be precisely worded to protect your rights
• Negotiation : When settlement discussions require legal strategy and advocacy

Even limited legal assistance can make a significant difference. Many attorneys offer unbundled services where they help with specific tasks like reviewing documents, preparing for hearings, or drafting settlement agreements without representing you throughout the entire case.