Blog Post  Superior Court Rule 9A road map

Introduction

There are special requirements for litigants making a civil motion in Superior Court. In addition to the particular Massachusetts Rules of Civil Procedure governing your motion, you’ll want to be familiar with the requirements of these Superior Court Rules:

• Rule 9 Motions and Interlocutory Matters
• Rule 9A Civil Motions
• Rule 9B Certificates of Service
• Rule 9C Additional Requirements for Dispositive and Discovery Motions
• Rule 9D Motions for Reconsideration
• Rule 9E Motions to Dismiss and Post-Trial Motions
• Rule 9F Requests to Amend Tracking Order

This blog addresses Rule 9A, which governs most civil motions in Superior Court. Rule 9A does not follow the usual motion procedure of filing a motion and supporting documents directly with the court. Rather, the parties exchange their documents with each other first before the moving party assembles and files a Rule 9A Package with the court. Rule 9A is long and complicated, but this blog provides step-by-step guidance. Always follow the text of Rule 9A to be certain you are complying with the requirements!

Summary of Rule 9A

Rule 9A(a)(1)-(5) dictates the form of motions and oppositions to motions, including supporting memoranda, affidavits, and other documents which provide facts supporting the party’s position. Affidavits are required to support facts unless the facts are apparent in the record or agreed to in writing signed by the parties. If you are including exhibits, please follow the format requirements set out in Rule 9A(b)(2)(iv).

Rule 9A(b)(1)-(5) governs the procedure for serving and filing motions and oppositions. The moving party serves copies of the motion, memorandum, and all supporting papers on all other parties, without filing with the Court. The opposing party serves the moving party with original opposing memorandum and papers (to be filed by the moving party with the Court), and serves copies of all opposing memoranda and papers on all parties, including the moving party. Oppositions to motions are served within 10 days after service of a motion (except a summary judgment motion, which allows 21 days after service of the motion), or “such additional time as is allowed by statute or order of the Court. If the motion is served by mail, these time periods shall be increased by 3 business days.”

The Rule 9A Package

After time for a response has passed, the moving party assembles a “Rule 9A package” for filing with the Superior Court, which includes the original Motion Papers, the Opposition, and the Reply with supporting papers. If the moving party doesn’t receive an opposition within 3 business days after expiration of the time permitted, it files its motion and supporting papers along with an affidavit “reciting compliance with this Rule and receipt of no Opposition in timely fashion, unless the moving party withdraws the motion and has so notified all parties."

Upon filing the Rule 9A package, the moving party gives “prompt notice of the filing of a Rule 9A Package by serving all parties with a copy of a notice of filing in a separate document that lists the title of each document included in the Rule 9A Package, and by filing the notice with the Rule 9A Package.”

If a cross-motion is served with the opposition to the motion, the time for filing is extended as described in Rule 9A(b)(4). “The Rule 9A Packages for the original motion and the cross-motion must be filed together by the original moving party.”

Additional procedures for Summary Judgment motions are governed by Rule 9A(b)(5)(i)-(vii). In addition to the steps above, it requires “a statement of the material facts as to which the moving party contends there is no genuine issue to be tried, set forth in consecutively numbered paragraphs, with page or paragraph references to supporting pleadings, depositions, answers to interrogatories, responses to requests for admission, affidavits, or other evidentiary documents.” Failure to include this document is grounds for denial of the motion. Rule 9A(b)(5)(ii) also sets out requirements for electronic transmission of these documents in most cases to every other party. Electronic transmission is not required when the moving party or any opposing party is self-represented or doesn’t have email.

Rule 9A(b)(5)(iii)(A) outlines how to respond to the moving party’s statement of facts. The opposing party reprints the moving party’s statement of material facts and “set[s] forth a response directly below the appropriate numbered paragraph, including, if the response relies on opposing evidence, page or paragraph references to supporting pleadings, depositions, answers to interrogatories, responses to requests for admission, affidavits, or other evidentiary documents.” Failure to oppose a statement of material fact results in the fact being deemed admitted. Under Rule 9A(b)(5)(iii)(B), the opposing party may also assert additional materials facts with supporting reference in their opposition memorandum--not in a separate document. The response to the moving party’s statement of facts must also be emailed in most cases. Refer to Rule 9A(b)(5)(iii)(C).

Rule 9A(b)(5)(v) sets the format and procedural requirements for the Joint Appendix of exhibits supporting or opposing the motion. “The initial moving party, with the cooperation of each opposing party, is responsible for assembling the Joint Appendix and index.”

Rule 9A(c)(1)-(3) addresses Hearings on motions. “Failure to request a hearing shall be deemed a waiver of any right to a hearing afforded by statute or court rule.”

Checklists 

Steps in filing most motions

1. Moving party serves:
   1. copies of its motion, memorandum, and supporting papers on all parties
   2. any request for a hearing with supporting statute or rule
2. Opposing party must serve the following within 10 days after service of motion (add 3 days if served by mail):
   1. originals of its opposition, memorandum, and supporting papers on the moving party
   2. copies of its opposition, memorandum, and supporting papers on all parties
   3. any request for a hearing with supporting statute or rule
3. After the time for a timely opposition to be served has passed, moving party assembles a Rule 9A package and files it with the court. The Package includes:
   1. original motion, memorandum, and supporting papers
   2. original opposition, memorandum, and supporting papers (if timely served)
   3. if no timely opposition was served, an affidavit sworn to by the moving party that no timely opposition was received
   4. notice of filing the Package that lists the title of each document included in the Package
4. Moving party serves a copy of the notice of filing on all parties

Steps in filing motions for summary judgment

1. Moving party serves:
   1. copies of its motion, memorandum, and supporting papers on all parties
   2. any request for a hearing with supporting statute or rule
   3. a statement of material facts as to which there is no genuine issue to be tried
   4. exhibits with index
2. Opposing party must serve the following within 21 days after service of motion (add 3 days if served by mail):
   1. originals of its opposition, memorandum, and supporting papers on the moving party
   2. copies of its opposition, memorandum, and supporting papers on all parties
   3. any request for a hearing with supporting statute or rule
   4. a consolidated statement of material facts with opposing party’s paragraph by paragraph response to moving party’s facts. If any party is self-represented or doesn’t have email, however, then a separate statement of material facts is allowed
   5. any additional facts are included in the opposing memorandum
   6. any new exhibits with an index of new exhibits. Those new exhibits must begin with the next consecutive designation following the last designation by the initial moving party (consecutive page numbering and off-set tab dividers)
3. After the time for a timely opposition to be served has passed, moving party assembles a Rule 9A package and files it with the court. The Package includes:
   1. original motion, memorandum, and supporting papers
   2. original opposition, memorandum, and supporting papers (if timely served)
   3. consolidated statement of material facts or separate statements if any party is self-represented or doesn’t have email
   4. joint appendix of exhibits with index
   5. certificate stating that the joint appendix of exhibits contains all exhibits including those timely served by opposing party
   6. if no timely opposition was served, an affidavit sworn to by the moving party that no timely opposition was received
   7. notice of filing the Package that lists the title of each document included in the Package
4. Moving party serves:
   1. a copy of the notice of filing on all parties in paper and, in most cases, also by email
   2. A copy of the consolidated Statement of Facts that was filed with the clerk, and Joint Appendix in paper and, in most cases, also by email (unless the parties otherwise agree)

If the summary judgment package is e-filed, the moving party is responsible for delivering a courtesy copy of the Joint Appendix to the Session Clerk, if the clerk or hearing judge requests.

Frequently asked questions

Do I need to email my papers to the other parties?

Most motions do not need to use email to serve papers on other parties or to file the Package with the court. Electronic service happens only if the parties agree in writing on the method of service (such as which email address to use), and the format (such as RTF or Word). Refer to Rule 9A(b)(1)(iii).

However, if the motion is a motion for summary judgment, email is required to serve papers on other parties and to file the Package with the court unless any party is self-represented or doesn’t have email. Refer to Rule 9A(b)(5)(ii), (iii)(C), (iv)(B), and (v)(A).

What do I need to do if I want to file a motion of my own in addition to opposing the main motion?

This motion is called a cross-motion, and you follow the same rules as the original moving party. The original moving party will have an opportunity to oppose your motion, and you will have an opportunity to reply. The original motion papers with opposition and your cross-motion papers with opposition are all filed in the same Rule 9A package by the original moving party. Refer to Rule 9A(a)(2) and (3), (b)(4)(ii), (5)(iii)(B), and (iv)(C).

I have exhibits that I want to submit to support my motion/opposition. How do I submit those?

Exhibits, attached to a motion, memorandum or affidavit, or contained in a separate appendix, must be separated from one another by off-set tab dividers, or page markers if filed electronically, and the pages of the exhibits must be consecutively numbered. If more than one exhibit is included, a Table of Contents or Exhibit Index shall precede the exhibits. Refer to Rule 9A(b)(2)(iv), and, for additional requirements for motions for summary judgment, Rule 9A(b)(5)(iii)(D), and (v)(A).

What do I need to do if I want a hearing on my motion/opposition?

A request for a hearing must set forth any statute or rule of court which, in the judgment of the submitting party, requires a hearing on the motion, as well as any reason why the court should hold a hearing. Failure to request a hearing shall be deemed a waiver of any right to a hearing afforded by statute or court rule. Refer to Rule 9A(c)(2).

My motion is an emergency! I don’t have time for all of this. What can I do?

Motions, such as ex parte or emergency motions, do not need to follow Rule 9A. However, there are strict requirements for filing an ex parte or emergency motion. Refer to Rule 9A(d)(1) for details.

What could happen if I don’t follow the requirements in Rule 9A?

The court need not consider any motion or opposition that fails to comply with the requirements of this Rule, may return non-compliant submissions to counsel with instructions for re-filing, and may impose other sanctions for flagrant violations of the Rule. Refer to Rule 9A(b)(vii).

Do you have any sample forms such as sample motions or memoranda, or sample notice of filing?

Yes, the Trial Court Law Libraries hold secondary sources that have samples of the most popular types of motions and notices. These include:

• Massachusetts Superior Court civil practice manual, 6^th ed., MCLE, 2023. Chapter 6: Dispositive motions (including motions for summary judgment); Chapter 7: Other Rule 9A motions.
• Procedural forms annotated, 6^th ed., (Mass. Practice v. 10-10C), West, 2009 with supplement. Chapter 55: Motions and proceedings under Rule 12.
• Superior Court Motion: Affidavit of Compliance (MA), Practical Law Litigation, Westlaw.

You can submit a request for a copy of a sample form through the Trial Court Law Libraries' Document Delivery service. In your request please specify the type of motion you are making, such as motion to dismiss, motion for summary judgment, etc.