Essential Documents to Seek or Oppose a Massachusetts Motion for Summary Judgment

Updated August 25, 2020

A motion for summary judgment in the Massachusetts Superior Court is governed by Superior Court Rule 9A.  In a simple case, not involving a cross-motion, a party seeking summary judgment must serve on the opposing party 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)(i).  In addition to paper service, the moving party must also send the opposing party a digital version of the Statement of Facts.  Rule 9A(b)(5)(ii);
• An appendix of affidavits or other exhibits supporting the motion. After inclusion of the opposing party’s exhibits, this becomes the Joint Appendix. Rule 9A(b)(5)(v);
• An affidavit authenticating the exhibits in the Appendix on which the moving party is relying;
• Certificates of service should appear on the last page of each document. Rule 9B.

A party opposing a motion for summary judgment, but not filing a cross-motion, must serve on the moving party:

• The opposition;
• A memorandum in support of the opposition to the motion.  Rule 9A(b)(5)(iii);
• Responses to the moving party’s Statement of Facts.  Rule 9A(b)(5)(iii)(A);
• Any affidavits or other additional exhibits on which the opposition is based, and an index thereto, for inclusion in the parties’ Joint Appendix. Rule 9A(b)(5)(iii)(D);
• An affidavit authenticating the exhibits in the Appendix on which the opposing party is relying;
• Certificates of service on the last page of each document.

The moving party must then file with the Court the “9A Package” which includes:

• The consolidated Statement of Facts, including the opposing party’s responses.  Rule 9A(b)(5)(iv)(A);
• The Joint Appendix. Rule 9A(b)(5)(iv)(A);
• Any other documents served on the moving party by the opposing party (e.g. the opposition);
• Rule 9A Notice of Filing Documents.  Rule 9A(b)(5)(iv);
• Rule 9A Listing of Documents. Rule 9A(b)(5)(iv);
• Rule 9A Affidavit of Counsel (but only if the party opposing the motion fails to serve an opposition on the moving party). Rule 9A(b)(2)(ii).

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