Effective Date: | 08/04/2025 |
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Updates: | Amended July 27, 2018, effective November 5, 2018 Amended May 1, 2025, effective August 4, 2025 |
- This page, Rules for the Care and Protection of Children: Rule 7. Service and form of papers (Effective August 4, 2025), is offered by
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Juvenile Court Rules Rules for the Care and Protection of Children: Rule 7. Service and form of papers (Effective August 4, 2025)
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Table of Contents
A. Form of motion
Every motion or other document filed with the court, other than documents offered in evidence, shall be on 8 ½" x 11" paper, or in an electronic or digital manner. Every such motion or document shall bear the name of the court and the county, the title of the action, the
designation of the nature of the pleading or paper, and provide the information as required in Supreme Judicial Court Rule 1:08, Case and Filer Information on Papers Filed in All Courts.
B. Requirement of written motion and affidavit
Any request for a court order shall be made by written motion accompanied by an affidavit signed by the person with personal knowledge of the factual basis of the motion, and shall state with particularity the grounds therefor, and shall set forth the relief or order sought, provided however, that the following types of motions are not required to be accompanied by an affidavit: motions in limine, motions to strike, motions for discovery, motions for appointment of appellate counsel, and motions to correct a name on the petition. Whenever a motion is supported by an affidavit or memorandum, the affidavit or memorandum shall be served with the motion. This requirement shall apply to all motions to continue made during the course of the proceedings including the hearing on the merits.
All motions to dismiss shall be in writing accompanied by an affidavit signed by the person with personal knowledge of the factual basis of the motion and shall state with particularity the grounds therefor.
C. Notice
All motions, other than those which do not require a hearing, shall be scheduled by the court in accordance with procedures established by the court division. A written motion, other than one that may be heard ex parte, and notice of the hearing of the motion, shall be served pursuant to paragraph D of this rule, no later than seven days prior to the hearing. When service is made by mail, the motion and notice of the hearing shall be served no later than ten days prior to the hearing. An application for ex parte relief from the seven day notice requirement shall be made by motion for a short order of notice and supported by affidavit setting forth the nature of the emergency.
D. Manner of service
Every motion, except an ex parte motion, or document filed in court shall be served by the attorney or party filing it by mailing or delivering a copy, or electronically in accordance with court procedure, to each attorney of record and each party appearing pro se.
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Updates: | Amended July 27, 2018, effective November 5, 2018 Amended May 1, 2025, effective August 4, 2025 |
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