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Massachusetts Uniform Summary Process Rule 6: Motions

[Disclaimer]

All pretrial motions shall be made in writing containing the docket number of the case, shall state with particularity the grounds therefor, shall include a brief written statement of reasons in support, shall set forth the relief or order sought, and, except as otherwise provided in this rule, shall be filed with the court and served on the opposing party or that party's attorney, if any, no later than the first Monday after the Monday entry day. A pretrial motion shall be filed with the court by mailing first-class or by delivering a copy of it to the clerk. A pretrial motion shall be served on the opposing party by mailing first-class or by delivering a copy of it to that party or that party's attorney. Filing or service by mail is complete upon receipt.

Unless the court otherwise orders, the hearing on pretrial motions shall be without further notice at the time and on the date the case is originally scheduled for trial. If, however, a motion to dismiss is filed and served on or before the entry date and if the defendant so requests after notice to the plaintiff, the motion shall be heard on the Thursday (or Friday or Monday or second Tuesday or second Wednesday) following the entry date. If the motion is denied, continued, or taken under advisement at the hearing, the defendant's answer shall continue to be due as provided in Rule 3 and the schedule for trial shall not be affected, unless the court otherwise orders.

All other motions, including motions to allow late filing of pretrial motions, shall be made in such manner, at such time, and with such notice as the court may permit or direct.

As amended, effective February 1, 1982, January 28, 1986, and February 1, 1993.

COMMENTARY: This rule establishes the general requirement that all previously filed motions shall be heard by the court on the originally scheduled trial day (i.e. the second Thursday, or the second Friday, the second Monday, the third Tuesday, or the third Wednesday in some courts, after the entry day) unless the court otherwise orders. The rule also establishes an alternative procedure if the defendant wishes to seek resolution of a motion to dismiss before the trial date. The motion to dismiss would be heard on the first Thursday (or first Friday or first Monday or second Tuesday or second Wednesday) after the entry day; and, unless the motion is allowed or the court otherwise orders, the regular schedule for summary process cases (answer, trial date, etc.) would not be changed.

Pretrial motions, other than motions to dismiss filed pursuant to the alternative procedure (supra), must be filed by the first Monday after the Monday entry day. As to any other motions, the court has complete discretion concerning the manner of filing, notice, and hearing.

Service of pretrial motions is made in the same manner as service of answers pursuant to Rule 3.