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Thursday, May 7, 2026

Year in review: the Business Litigation Session, 2022 - Massachusetts Lawyers Weekly

In 2022, the Superior Court’s Business Litigation Session issued guidance on a variety of matters concerning the operation of the BLS.

On March 2, the BLS issued “Formal Guidance of BLS Regarding Hearings, Trials, and Electronic Filings.” The guidance explained that the BLS will continue to hold remote hearings when appropriate, noting that counsel can request that a hearing be conducted remotely. At the same time, the BLS noted that it has a “strong preference” for conducting trials and evidentiary hearings in person.

Regarding electronic filings, the BLS said that an attorney electronically filing an item that needs immediate court attention should alert the session clerk of the filing. If the filing exceeds 20 pages, a courtesy hard copy should be provided to the court.

More generally, the BLS also encouraged counsel to provide digital courtesy copies of “complex filings” by a thumb drive or disc, with each document or exhibit included as a separate PDF.

Finally, the BLS affirmed its commitment to encouraging the participation of less senior attorneys in all court proceedings. To that end, the BLS said that it will allow two or more lawyers to handle different parts of a hearing. When a less senior attorney is arguing a motion, the BLS will also allow the less senior attorney to confer with a senior attorney during the hearing, and the senior attorney can make additional points when the less senior lawyer finishes arguing the motion.

In April 2022, the BLS also...



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