All papers addressed by this Rule 9A, except exhibits, must conform to the following requirements: (i) Paper size. This is a “road map” to important requirements in Superior Court Rule 9A. Unless leave of court has been obtained in advance, all memoranda of law and the oppositions thereto shall not exceed 20 pages, and any reply memoranda shall not exceed 10 pages.

Superior Court practitioners who fail to familiarize themselves with these changes risk having motions returned or denied. The response to the numbered paragraphs shall be limited to stating whether a given fact is disputed and, if so, cite to the specific evidence, if any, in the Joint Appendix that demonstrates the dispute. Deny a fact unless the party has a good faith basis for contesting it. d. Assert any additional facts. (1) Motions.

The permitted pleading must state the date on which leave was allowed. Where the obligation to send the Moving Party’s Statement of Facts in electronic form has been excused, the response thereto may be in a separate document. How much do you agree with the following statements in the scale of 1, Strongly Disagree, to 5, Strongly Agree? The agreement may be revoked only upon 10 days written notice to all parties. Unless all the pages of the Joint Appendix are consecutively numbered by page, each exhibit must be separated by an off-set tab divider.
(iv) Length. Though extensive, these changes should streamline and improve Superior Court motion practice. Massachusetts litigators should be aware of the significant changes to Superior Court Rule 9A—the rule governing service and filing procedure for most motions in civil cases—that take effect today.

The time periods prescribed below apply unless a different time period is set by statute or order of the court. A separate Consolidated Statement of Facts must be served with any cross-motion for summary judgment. For purposes of summary judgment, the opposing party's additional statement of a material fact shall be deemed to have been admitted unless controverted as set forth in this paragraph. The title of each document must appear on the first page next to or below the caption. The court may not consider the motion or opposition, may return the submission to counsel with instructions for re-filing, or may impose other sanctions for flagrant violations.

The Opposition may include a response to the Moving Party’s Statement of Facts. The Statement of Facts as served shall not exceed 20 pages in length and shall not include: a. The provisions of Paragraph (b)(4)(i) apply to cross-motions (including motions to strike) served with the Opposition to a motion.

v. S.C.: A New Family Law Removal Inquiry Established by the Appeals Court, IRS Focus on Tax Reporting of Virtual Currency Transactions, Commonwealth v. McCarthy: License Plate Reader Technology Can Trigger Constitutional Protections. Letter requests are gone. Ex parte motions shall be served within 3 days of a ruling on the motion. Any appendix permitted by Superior Court Rule 9C(b) is not included in the page limit. 147 0 obj <>/Filter/FlateDecode/ID[<7CD30E4FBC707044874DFDA2C3206C82><1CFD05FEF29A7B4FB9D353C39777C067>]/Index[134 20]/Info 133 0 R/Length 72/Prev 59354/Root 135 0 R/Size 154/Type/XRef/W[1 2 1]>>stream
b. To request leave of court, a party shall send a letter to the Session Judge setting forth the grounds to support the request and shall serve the letter on all other parties. A moving party shall serve with the motion a separate memorandum stating the reasons, including supporting authorities, why the motion … The request must be served on all other parties, but the court need not await a response to such request before ruling. In addition to the service specified in Paragraph (b)(2) of this rule, where the party opposing summary judgment includes such an additional statement in its response, the response, including the additional statement, also shall be sent in electronic form by email to the moving party, unless excused as provided in Paragraph (b)(5)(i). Really big. Your feedback will not receive a response. Motions lacking a 9C certificate under the new rule, as under the old, will be denied without prejudice.


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