Table of Contents

Rule 4

A party moving under Mass. R. Civ. P. 12(b)(1)12(b)(6)12(c) or 56, or opposing such a motion, shall file with the motion or opposition a brief containing: (1) a statement of the issue or issues presented, (2) a statement of the legal elements, with citations to supporting law, of each claim upon which judgment is sought or opposed, (3) an argument in summary form, and (4) a short conclusion stating precisely the relief or order sought; otherwise the court may decline to act on the motion or consider the opposition, as the case may be.

Each motion under Rules 12(b)(1) or 56 shall be accompanied by a concise statement, in consecutive numbered paragraphs, of the material facts upon which the moving party relies, with page or paragraph references to supporting pleadings, depositions, answers to interrogatories, admissions and affidavits. If the motion is brought under Rule 56, the material facts in the statement must be those as to which the moving party contends there is no genuine issue to be tried.

Each opposition to a motion under Rules 12(b)(1) or 56 shall include: (1) a response, using the same paragraph numbers, to the moving party's statement of facts, and (2) in consecutive numbered paragraphs, a concise statement of any additional material facts which the opposing party deems relevant and necessary to the motion. Any response other than "admitted" to a statement of fact made by the moving party, and any statement of additional material fact, must include page or paragraph references to supporting pleadings, depositions, answers to interrogatories, admissions and affidavits, or else the facts described by the moving party as undisputed shall be deemed to have been admitted.

The statements filed by the moving party and the opposing party shall each be accompanied by an appendix, appropriately indexed, composed of: (1) all cited portions of the documents or other materials referenced in those statements, and (2) copies of all legal and other authorities cited in the briefs with the exception of the Massachusetts General Laws and cases reported in the official Massachusetts Reports, the Massachusetts Appeals Court Reports, or the Land Court Reporter. The opposing party's appendix need not duplicate any materials contained in the moving party's appendix so long as the cross-referencing is clear. The court need not look in the record or take judicial notice beyond the materials brought to its attention by the parties.

A copy of the motion, brief and (in the case of Rule 12(b)(1) and 56 motions) the statement of material facts and the appendix containing copies of supporting materials, shall be served upon all other parties and filed with the court within the time limits set forth in Land Court Standing Order No. 1-04, if applicable.1 Cross-motions must follow the same procedures and timeframes as motions, and must likewise be served and filed in accordance with Standing Order 1-04, if applicable. Responses to motions or cross-motions, including any controverting statements and the materials supporting those statements (including any counter or Rule 56(e) affidavits), must be served upon all other parties and filed with the court within thirty (30) days after service of the motion or cross-motion. A hearing date shall be set by the court. Reply briefs, affidavits and other materials in support of the reply (if any) must be served on the parties and filed with the court no later than ten (10) days prior to the date the court first set for hearing; any rescheduling of the hearing date shall not change this deadline. Affidavits and other materials in support of the reply which, in the opinion of the court, are not responsive to the opposition or cross-motion, may be stricken. An opposing party's failure to file a cross-motion shall not preclude the court from granting dispositive relief to the opposing party if such relief is appropriate (see Rule 56(c)). Extensions or other modifications of the dates set forth above may be ordered by the court on its own motion for good reason and as the interests of justice require, or upon motion and for good cause shown.

The court need not act on any motion or cross-motion unless the parties have complied with the requirements of this rule and may deny any such motion or cross-motion which fails to comply.

Downloads   for Land Court Rule 4: Motions under Mass. R. Civ. P. 12(b)(1), 12(b)(6), 12(c) or 56


1 Standing Order No. 1-04 applies to certain cases filed on or after October 4, 2004.

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