Updated August 25, 2020
How soon a motion for summary judgment may be filed depends on whether the plaintiff or defendant is the moving party. The plaintiff may not move for summary judgment until after: (1) twenty days have elapsed after the commencement of the action or (2) service of a motion for summary judgment by the defendant. Mass. R. civ. P. 56(a).
The Defendant may file a motion for summary judgment at any time, as may any defendant-in-counterclaim or defendant-in-crossclaim. Mass. R. Civ. P. 56(b).
Both plaintiffs and defendants must also file their motions not later than 10 days before the date on which the motion will be heard. The Tracking Order applicable to a Superior Court case will also specify the date by which motions for summary judgment must be filed.
Return to summary judgment home page.
Learn more about my summary judgment drafting services.