Rules of Civil Procedure

Rules of Civil Procedure  Civil Procedure Rule 78: Motion day

Effective Date: 07/01/1974

Table of Contents

Rule 78

The court shall establish regular times and places, at intervals sufficiently frequent for the prompt dispatch of business, at which motions requiring notice and hearing may be heard and disposed of; but a judge at any time or place and on such notice, if any, as he considers reasonable may make orders for the advancement, conduct, and hearing of such motions.

To expedite its business, the court may provide by order for the submission and determination of motions without oral hearing upon brief written statements of reasons in support and opposition.

The court may require the filing of briefs, in such form and within such time as it may direct.

Reporter's notes

(1973) The first paragraph of Rule 78 generalizes what are essentially housekeeping details in Super.Ct. Rules 62, 64 and 66 and includes a provision for flexibility governed by judicial discretion in allowing deviation from the established hearing procedure. This reservation of judicial discretion is similar to Super.Ct. Rule 47. See also, Worster v. Yeaton, 198 Mass. 335, 337, 84 N.E. 461, 462 (1908).

The provision of Rule 78 calling for "brief written statements of reasons in support and opposition" is similar to the requirement of Super.Ct.Rule 46 and S.J.C.Rule 2:30 that matters of fact pertinent to decision on a motion be placed before the court by affidavit or other signed statement.

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