Review of petition

Massachusetts Trial Court Rules

Rule: 2

Jurisdiction: MA

Bluebook Citation: Mass. Trial Ct. R. 2

Upon the filing of a petition and any sworn statements the court may request from the petitioner at the time of such filing, the case shall be brought expeditiously before a judge who shall review the petition on the record in court. If the judge determines that either (1) the petitioner is statutorily unqualified to file a petition under the provisions of G.L. c. 123, § 35 ; or (2) the petitioner's allegation that the respondent is an individual with an alcohol or substance use disorder has no reasonable basis, the judge shall dismiss the case. Otherwise, if the respondent is present, the court shall immediately proceed in accordance with Rules 4 and 5 . If the respondent is not present, the court shall immediately proceed in accordance with Rule 3 .

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