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Superior Court Motion Practice Toolkit (MA)
Practical Law Toolkit w-040-4521 (Approx. 6 pages)
Superior Court Motion Practice Toolkit (MA)
by Practical Law Litigation
| Maintained • Massachusetts |
Resources to assist counsel when engaging in motion practice in a Massachusetts Superior Court civil case. This Toolkit offers resources with guidance on motion practice under the Massachusetts Superior Court Rules, including Massachusetts Superior Court Rule 9A. It includes resources covering pre-motion considerations and requirements (including the pre-motion conference under Massachusetts Superior Court Rule 9C), and drafting, formatting, serving, and filing motion and opposition papers. The resources also address post-decision issues, including seeking an appeal of an adverse decision.
A motion is an application to the court for an order. Parties seek most relief from the court using written motions. Motion practice is a significant part of pretrial litigation. This Toolkit offers guidance for counsel engaging in motion practice in Massachusetts Superior Court and sets out resources that explain:
- The preliminary considerations and prerequisites for making a motion, including the pre-motion conference under Superior Court Rule 9C (called a Rule 9C conference).
- How to format and draft a motion, opposition, and related papers.
- The serve-then-file procedure for regular motions under Massachusetts Superior Court Rule 9A.
- How and when to file and serve a motion and opposition.
- How and when to request a hearing on a motion.
- What steps to take after the court decides the motion, including seeking an appeal.