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Superior Court Rules

Superior Court Rules Superior Court Rule 9E: Motions to dismiss and post-trial motions

Courts: Superior Court
Effective Date: 11/01/2004
Updates: As added October 6, 2004, effective November 1, 2004

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Rule 9E

Motions to dismiss pursuant to Mass. R. Civ. P. 12 are subject to Rule 9A. Because such motions are often the initial filing in response to a complaint, counterclaim or cross-claim, in order to avoid the entry of a default for failure to respond in a timely fashion, a party responding by a motion to dismiss must serve the motion on all parties pursuant to Superior Court Rule 9A(b)(2) and, in a timely manner, must also file with the court a simple "Notice of Motion to Dismiss" reciting the title of the motion and the date of its service on the parties.

Post-trial motions pursuant to Mass. R. Civ. P. 505259 and 60 are subject to Rule 9A. A party serving any such motion must serve the motion on all parties pursuant to Superior Court Rule 9A(b)(2) and, in a timely manner, must also file with the court a simple "Notice of Motion" reciting the title of the motion and the date of its service on the parties.

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Updates: As added October 6, 2004, effective November 1, 2004

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