Mass. Unif. Trial Ct. R. Civ. Commitment 10

(a)

When (1) a warrant or summons is issued pursuant to Rule 3(d) or (2) a warrant is executed where it is impractical to transport the respondent to the return court, the respondent may be brought before a court having jurisdiction of cases under G.L. c. 123, § 35 (hereinafter the "new court"). The new court shall immediately contact the issuing court and obtain copies of (1) the docket in the case; (2) the petition; and (3) any other documents in the case file.

(b)

The new court shall open a new case file for the matter and make reasonable efforts to notify the petitioner of the location of the new court. The new court, in its discretion, may wait a reasonable time for the petitioner to arrive.

(c)

The new court shall proceed to adjudicate the case in accordance with Rules 4 through 9. The new court shall promptly inform the issuing court of its disposition-by transmitting to the issuing court a copy of its docket entries.

Commentary

(2015)

Rule 10 governs the procedure when a respondent is apprehended far enough away from the issuing court that transportation to that court before court closes is not practical. In such circumstances, law enforcement may bring the respondent to another court, and the matter will be adjudicated there as if the case had arisen there. This may cause issues with the petitioner's ability to arrive at the new court in a reasonable amount of time, and the use of remote testimony or the receipt of hearsay evidence maybe appropriate to balance the need for dispatch with the desire for the petitioner's participation.