This page, Notice Inviting Comment on Proposed Amendments to Superior Court Rules 9C and 30B, New Rule 74, and Repeal of Rules 76 and 77, is offered by
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News Notice Inviting Comment on Proposed Amendments to Superior Court Rules 9C and 30B, New Rule 74, and Repeal of Rules 76 and 77

The deadline for submitting comments is January 15, 2021.
12/08/2020
  • Superior Court

The Superior Court Rules Committee is soliciting comments on the following proposals:

  • Amendment to Rule 9C, Additional Requirements for Dispositive and Discovery Motions. This amendment would change the first sentence of 9C(a), expanding the rule to require counsel to confer in advance of filing any motion except for those governed by Rule 9A(d) and Standing Order 1-96. 
  • Amendment to Rule 30B, Expert Disclosures. This amendment would change the first sentence of 30B(a) and add a new last sentence to 30B(a), making explicit that the requirement of including expert disclosures in the pretrial conference memorandum does not excuse parties from answering expert interrogatories, as required by Mass. R. Civ. P. 26(b)(4) and 33.
  • New Rule 74, Civil Asset Forfeiture. The new rule primarily seeks to ensure that those with an interest in property subject to forfeiture receive actual notice of the forfeiture proceeding.
  • Repeal of Rule 76, Divorce Proceedings, and Rule 77, Trial Lists of Divorce Cases in Suffolk. Repeal of these rules is recommended because the Superior Court no longer has jurisdiction over such proceedings. G. L. c. 215, § 3, as amended by St. 1986 c. 462, § 15 (“Probate courts have exclusive original jurisdiction of actions for divorce or for affirming or annulling marriage.”).
     

A copy of the proposed amendments can be found here.

Comments should be sent to alex.philipson@jud.state.ma.us, or to Alex G. Philipson, Deputy Legal Counsel, Massachusetts Superior Court, Three Pemberton Square, 13th Floor, Boston, MA 02108.

The deadline for submitting comments is January 15, 2021.

Superior Court 

The Superior Court Department is a statewide court that handles both criminal and civil actions.
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