Rules of Domestic Relations Procedure

Rules of Domestic Relations Procedure Domestic Relations Procedure Rule 6: Time

Effective Date: 09/02/2003
Updates: Amended October 10, 1997, effective December 1, 1997 Amended October 27, 1999, effective January 1, 2000
Amended June 5, 2003, effective September 2, 2003

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(a) Computation

In computing any period of time prescribed or allowed by these rules, by order of court, or by any applicable statute or rule, the day of the act, event, or default after which the designated period of time begins to run shall not be included. The last day of the period so computed shall be included, unless it is a Saturday, a Sunday, or a legal holiday, in which event the period runs until the end of the next day which is not a Saturday, a Sunday, or a legal holiday. When the period of time prescribed or allowed is less than 7 days, intermediate Saturdays, Sundays, and legal holidays shall be excluded in the computation. As used in this rule and in Rule 77(c), "legal holiday" includes those days specified in Mass. G.L. c. 4, § 7 and any other day appointed as a holiday by the President or the Congress of the United States or designated by the laws of the Commonwealth.

Identical to Mass.R.Civ.P. 6(a)

(b) Enlargement

When by these rules or by a notice given thereunder or by order or rule of court an act is required or allowed to be done at or within a specified time, the court for cause shown may at any time in its discretion (1) with or without motion or notice order the period enlarged if request therefor is made before the expiration of the period originally prescribed or as extended by a previous order; or (2) upon motion made after the expiration of the specified period permit the act to be done where the failure to act was the result of excusable neglect; or (3) permit the act to be done by stipulation of the parties; but it may not extend the time for taking any action under Rules 50(b), 52(b) , 59(b), (d), and (e), and 60(b), except to the extent and under the conditions stated in them.

Identical to Mass.R.Civ.P. 6(b)

(c) For motions - affidavits - proposed orders

A written motion, other than one which may be heard ex parte, and notice of the hearing thereof shall be served not later than seven (7) days before the time specified for the hearing, unless a different period is fixed by these rules or by order of the court. Such an order may be made on ex parte application when an emergency justifies the same. An application for ex parte relief from the seven (7) day notice requirement shall be by motion and supported by affidavit setting forth the nature of the emergency. On allowance of the motion, the court shall make a written finding that the emergency exists and setting forth the nature of the emergency. Whenever a motion is supported by a memorandum or affidavit, the memorandum or affidavit shall be served with the motion; and except as provided in Rule 59(c), opposing memoranda or affidavits must be served not later than one (1) business day before the hearing, unless the court permits them to be served at some other time. Every motion shall be accompanied by a proposed order, which shall be served with the motion. The proposed order shall set forth in detailed itemized paragraphs the relief sought from the court. The proposed order should not be docketed or included in the permanent file if the order is not adopted by the court and may be destroyed after the hearing on the motion. The service and content of all motions, affidavits, and supporting papers shall be subject to the sanctions of Rule 11 of these rules.

(d) Additional time after service by mail

Whenever a party has the right or is required to do some act or take some proceedings within a prescribed period after the service of a notice or other papers upon him and the notice or paper is served upon him by mail, 3 days shall be added to the prescribed period.

Identical to the Mass.R.Civ.P. 6(d)

Reporter's notes

(2003) The amendment to Rule 6(c) requires that any pleadings, whether an affidavit or a memorandum in support or in opposition to a motion, be served prior to the time fixed for hearing on the motion.

(2000) Rule 6(c) requires every motion to be accompanied by a proposed order. The amendment to rule 6(c) makes clear that the proposed order should not be docketed or included in the permanent case file and may be destroyed after a hearing on the motion.

(1997) This amendment to Rule 6(c) changes the time requirements for service of a motion from three (3) to seven (7) days, unless it is a motion that may be heard ex parte. All ex parte motions must be accompanied by an affidavit setting forth the nature of the emergency. If the motion is allowed, the court must make written findings that an emergency exists and set forth the nature of the emergency.

The amendment also provides that if a motion is supported by an affidavit it must be served with the motion, except as provided in Rule 59(c). The service of opposing affidavits is no longer optional. If a motion is accompanied by an affidavit, then an opposing affidavit must also be served. The amendment to the rule changes the time requirement for service of the opposing affidavit from not later than one (1) day before the hearing, to not later than two (2) full business days before the hearing.

All motions must now be accompanied by a proposed order which sets forth, in itemized detail, the relief sought from the court. In addition, Rule 6(c) explicitly states that the service and content of motions are subject to the sanctions of Rule 11.

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Updates: Amended October 10, 1997, effective December 1, 1997 Amended October 27, 1999, effective January 1, 2000
Amended June 5, 2003, effective September 2, 2003
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