The Joint Appendix of Exhibits for Your Massachusetts Motion for Summary Judgment

Updated August 24, 2020

A motion for summary judgment, opposition, or cross-motion must be accompanied by a Joint Appendix containing, as exhibits, all documents referred to in the motion, opposition, cross-motion, or memoranda supporting or opposing summary judgment. Rule 9A(b)(5)(v). The moving party is responsible for assembling the Joint Appendix, with cooperation from the opposing party. Id.

The Joint Appendix must begin with an index of exhibits. Id. The index is followed by consecutively numbered (not lettered) exhibits, which must be separated by a numbered tab divider unless the pages of the Appendix are consecutively numbered. Id.

The moving party, when serving the motion and related papers on the opposing party, must also serve copies of the exhibits on which the moving party relies. Id. If the opposing party relies on the same exhibits, the opposing party must refer to those exhibits using the exhibit numbers assigned by the moving party. Id. Any additional documents relied upon by the opposing party must be added to the Appendix, using exhibit numbers or pagination beginning with the next consecutive number following the last exhibit number or page used by the moving party. Id. The opposing party must serve any additional exhibits, and an index thereto, on the moving party when the opposing party serves opposition or cross–motion papers. Id.

The moving party must certify that the Joint Appendix includes any exhibits served by the opposing party. Id. That certification should be included at the end of the Appendix index.

The parties’ memoranda of law, when citing to an exhibit, must reference both the exhibit and a paragraph of the statement of material facts.  Id.

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