A motion for summary judgment in the Massachusetts Superior Court is governed by Superior Court Rule 9A. A party seeking summary judgment must file at least the following documents:
- The motion for summary judgment;
- A separate memorandum stating the reasons, including supporting authorities, why the motion should be granted. Rule 9A(a)(1);
- A statement of material facts as to which the moving party contends there is no genuine issue to be tried (“Statement of Facts”). Rule 9A(b)(5)(ii – iv);
- A joint appendix of exhibits (“Joint Appendix”) supporting the motion and any opposition. Rule 9A(b)(5)(vi);
- An affidavit authenticating the exhibits in the Joint Appendix on which the moving party is relying;
- Certificates of service should appear on the last page of each document. Rule 9B;
- Any documents served on the moving party by the opposing party;
- Rule 9A Notice of Filing Documents;
- Rule 9A Listing of Documents;
- Rule 9A Affidavit of Counsel (but only if the party opposing the motion fails to serve an opposition on the moving party).
A party opposing a motion for summary judgment may serve on the moving party:
- A memorandum in opposition to the motion;
- Responses to the moving party’s Statement of Facts;
- A statement of additional undisputed material facts, added as a continuation of the Statement of Facts;
- Any additional exhibits referred to in the opposing party’s papers, and an index thereto, for inclusion in the parties’ Joint Appendix.
Either party may file Motion to Strike and the opposing party may file a cross-motion with the opposition.