Effective Date: | 07/01/2005 |
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Rule 5
All motions not covered by Rule 4 must be filed with the court and marked by the moving party for hearing on at least seven (7) days' notice (the number of days to be calculated as provided in Mass. R. Civ. P. 6(a)) at such dates and times for the hearing of motions as shall be established and published by the court from time to time. It is the responsibility of the moving party to determine whether a motion must be heard by a particular judge and, if so, the motion must be marked for hearing before that judge at an appropriate date and time. The motion shall contain a statement of reasons, including supporting authorities, why the motion should be granted and a statement of the precise relief sought; otherwise the court may deny or decline to act on the motion. Unless the court, in its discretion, grants permission, all affidavits and other materials in support of the motion must be filed and served with the motion. Oppositions to such motions, and all materials in support of that opposition along with any cross-motions (including motions to strike), must be served and filed with the court so they are received by all other parties and by the court no later than noon one (1) business day prior to the date marked for the motion's hearing. Any papers not served and filed with the motion or opposition and in timely fashion may be filed only with leave of court.