District/Municipal Courts Rules for Appellate Division Appeals

District/Municipal Courts Rules for Appellate Division Appeals Rule 15: Motions

Effective Date: 07/01/1994

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Rule 15

Unless another form is elsewhere prescribed by these rules, an application for an order or other relief shall be made by filing a motion for such order or relief with proof of service on all other parties. The motion shall contain or be accompanied by any matter required by a specific provision of these rules governing such a motion, shall state with particularity the grounds on which it is based, and shall set forth the order or relief sought. If a motion is supported by briefs, affidavits, or other papers, they shall be served and filed with the motion. Any party may file a response in opposition to a motion within seven days after service of the motion, but the trial court or Appellate Division in which the motion was filed may shorten or extend the time for responding to any motion.

Commentary

Section (a) of this rule is substantially similar to section (a) of Mass. R.A.P. 15, except that references therein to section (b) and the special provision for Rule 6 motions (for stays and injunctions) are eliminated.

Sections (b)(c) and (d) of Mass. R.A.P. 15 have not been adopted.

See also Rules 13(e) and 20(b) regarding filing in the Appellate Division.

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