Massachusetts Civil Motion Practice: A Comprehensive Guide

Overview of Massachusetts Civil Procedure

Massachusetts civil motion practice is governed primarily by the Massachusetts Rules of Civil Procedure (Mass. R. Civ. P.), adopted in 1974 and modeled largely on the Federal Rules of Civil Procedure (FRCP). However, Massachusetts has developed its own interpretations and local practices that differ in important ways from federal practice. All civil motions in the Superior Court must comply with these statewide rules, though individual Superior Court departments may have additional local rules.

Motion to Dismiss for Failure to State a Claim

Standard and Pleading Rule

Massachusetts follows a notice pleading standard similar to FRCP 12(b)(6), codified in Mass. R. Civ. P. 8(a). A complaint need only contain "a short and plain statement of the claim showing that the pleader is entitled to relief," not detailed factual allegations. However, the Massachusetts Supreme Judicial Court (SJC) has held in Satter v. Finegold and subsequent cases that a complaint must provide enough facts to "raise a reasonable expectation that discovery will reveal evidence" supporting the claim—a standard slightly more demanding than notice pleading but less stringent than federal plausibility pleading under Ashcroft v. Iqbal.

Filing and Procedure

A motion to dismiss under Mass. R. Civ. P. 12(b)(6) must be filed before or with the answer (or a motion for judgment on the pleadings may be filed after). The motion requires:

Notice and Deadlines

The moving party must serve the motion on the opposing party at least 14 days before the hearing date (Mass. R. Civ. P. 6(d)). The opponent has the same 14 days to file an opposition memorandum. Reply briefs are permitted but not required and should be filed 7 days before the hearing.

Motion for Summary Judgment

Standard and Burden of Proof

Mass. R. Civ. P. 56 governs summary judgment. The moving party bears the initial burden of demonstrating the absence of a genuine issue of material fact. Once met, the burden shifts to the non-moving party to establish specific facts showing a genuine dispute. Massachusetts courts follow the familiar Celotex framework from federal practice: the moving party must show entitlement to judgment as a matter of law, and any reasonable inferences are drawn in favor of the non-movant.

The SJC has emphasized that summary judgment is disfavored in certain contexts, particularly cases involving credibility determinations or complex fact patterns. Plaintiffs seeking summary judgment face a particularly high bar.

Timing and Deadline

Summary judgment motions should be filed at least 56 days before trial (Mass. R. Civ. P. 56(a)). If filed within 56 days of trial, the court may extend discovery and reschedule trial. Motions filed within 14 days of trial are typically denied without prejudice unless the moving party shows good cause.

Partial Summary Judgment

Massachusetts permits partial summary judgment under Mass. R. Civ. P. 56(a). A court may enter summary judgment on certain claims or defenses while others proceed to trial, streamlining trial issues and reducing complexity.

Motion for Judgment on the Pleadings

Mass. R. Civ. P. 12(c) permits a motion for judgment on the pleadings after the pleadings are closed (typically after the answer or reply is filed). This motion is appropriate when the complaint and answer, taken together, demonstrate that one party is entitled to judgment as a matter of law—without discovery or evidentiary development. The standard is stricter than a motion to dismiss; all well-pleaded facts in the complaint are accepted as true, but no inferences favorable to the non-movant are drawn. This motion is rarely granted in practice.

Motion to Compel Discovery

Meet-and-Confer Requirement

Before filing a motion to compel, Mass. R. Civ. P. 37(a) requires the moving party to certify that it has made a good faith effort to confer with the opposing party regarding the dispute. The moving party must include a declaration or affidavit detailing:

Failure to meet and confer is grounds for the court to deny the motion without ruling on the merits.

Filing Procedure

The motion must be filed in the Superior Court and must identify:

Notably, Massachusetts does not require certification that the discovery dispute is "material" to the pending case, though proportionality (under Mass. R. Civ. P. 26(b)(1)) is increasingly relevant.

Burden and Fee-Shifting

The court will grant the motion unless the responding party demonstrates that:

Massachusetts fee-shifting is mandatory: if the motion is granted, the court must award the moving party its reasonable attorney's fees and costs unless the responding party certifies that it acted with substantial justification or other circumstances make an award unjust (Mass. R. Civ. P. 37(a)(5)(A)). Conversely, if the motion is denied, the court should award fees to the responding party unless the moving party can show it acted in good faith.

Motion in Limine

Filing and Timing

Motions in limine in Massachusetts are typically filed 14 days before trial, though the court has discretion to entertain motions filed closer to trial. There is no specific statute governing motions in limine; practice is derived from case law and local court rules. The motion requires:

Common Topics

Prior Bad Acts / Character Evidence: Massachusetts courts generally exclude evidence of a party's prior bad acts or convictions under the similarity and relevance test, following principles analogous to Federal Rule 404(b).

Insurance: Evidence that a party is insured against liability is generally inadmissible under Mass. R. Evid. 411 (parallel to Fed. R. Evid. 411), with limited exceptions for impeachment.

Settlement Offers and Negotiations: Statements made in compromise negotiations are inadmissible under Mass. R. Evid. 408, similar to Federal Rule 408. This applies to both settlement discussions and mediation statements. Courts will grant motions in limine to exclude such evidence pre-trial.

Hearsay and Other Evidentiary Issues: Standard evidentiary rules under the Massachusetts Rules of Evidence apply.

Hearing Procedure

The court may rule on motions in limine on the papers or hold a hearing. Many judges prefer pre-trial hearings to address evidence disputes before opening statements.

Motion for Default Judgment

Procedure When Defendant Fails to Answer

If a defendant fails to respond to the complaint within the required time (typically 20 days from service under Mass. R. Civ. P. 12(a)), the plaintiff may request entry of default from the clerk of court. This is a clerical action. However, to obtain a default judgment (not mere default), the plaintiff must file a motion for default judgment under Mass. R. Civ. P. 55.

The defendant must be served with the motion at least 14 days before the hearing. The court will not enter default judgment against a defendant in default on claims for unliquidated damages without a hearing, at which the plaintiff must prove:

Proving Damages

In contrast to federal practice, Massachusetts courts carefully scrutinize default judgments and frequently set them aside if the defendant shows any colorable defense or was not properly served. The court may require live testimony or detailed affidavits regarding damages, particularly if the damages are substantial or unliquidated.

Motion to Amend Complaint

Standard for Leave to Amend

Mass. R. Civ. P. 15(a) permits amendment of pleadings with leave of court "when justice so requires." Massachusetts courts apply a flexible, liberal standard favoring amendments, particularly before trial or shortly thereafter. The key factors are:

Courts strongly disfavor denying amendments on futility grounds alone, absent a clear legal deficiency.

Relation Back

Mass. R. Civ. P. 15(c) permits amendments to "relate back" to the original complaint if:

Massachusetts courts apply relation back broadly, particularly in complex litigation where amendments refine claims rather than introduce new causes of action.

Motion for Temporary Restraining Order / Preliminary Injunction

Four-Part Test

A party seeking preliminary injunctive relief in Massachusetts must demonstrate:

1. Likelihood of Success on the Merits: A substantial likelihood that the plaintiff will prevail at trial (not merely that the case is not frivolous)

2. Irreparable Harm: That the plaintiff will suffer harm that cannot be adequately remedied by damages at law. Massachusetts courts strictly construe this element; economic harm alone is generally insufficient unless combined with other factors (loss of business goodwill, unique opportunity, etc.)

3. Balance of Equities: That the harm to the plaintiff outweighs the hardship to the defendant from the injunction

4. Public Interest: That the public interest is served by granting the injunction (or at minimum, not harmed)

Procedure and Deadlines

A motion for preliminary injunction requires advance notice to the opposing party, typically 5-7 days depending on local rules, though a temporary restraining order (TRO) may be granted ex parte without notice if the plaintiff shows that immediate irreparable harm will occur absent the TRO. A TRO is valid for 14 days unless extended by the court (Mass. R. Civ. P. 65(b)). The motion should include:

Motion to Change Venue / Transfer

Grounds

Mass. R. Civ. P. 40 permits venue changes if venue is improper or if, in the interest of justice, the action should be transferred to another county. Proper venue in Massachusetts is generally the county where:

A defendant may move to transfer venue if venue in the filed county is improper or inconvenient. Massachusetts courts are reluctant to transfer absent a strong showing of inconvenience or hardship.

Motion to Consolidate or Sever

Consolidation

Mass. R. Civ. P. 42(a) permits consolidation of cases involving common questions of law or fact. Consolidation is discretionary. A motion to consolidate may be brought by a party or on the court's own motion. The moving party must demonstrate material overlap and efficiency gains.

Severance

Mass. R. Civ. P. 42(b) permits severance of claims or parties if separate trials will promote convenience, avoid prejudice, or expedite proceedings. For example, a defendant may move to sever a claim for punitive damages if it believes the separate claim will prejudice the jury.

Motion for Continuance

Standard and Procedure

A party may request a continuance (postponement of trial or hearing) for good cause. Massachusetts law is restrictive regarding continuances close to trial. The moving party must show:

Scheduling orders entered by the court are binding, and motions for continuance after a scheduling order are scrutinized strictly. Many judges will grant one continuance but rarely two. The motion must be filed as soon as the need for a continuance is apparent, not days before trial.

Post-Trial Motions

Motion for New Trial

Mass. R. Civ. P. 59 permits a motion for new trial within 10 days after judgment. The motion may be brought on grounds including:

The standard for granting is whether the verdict was substantially against the weight of evidence or whether a new trial is necessary in the interest of justice. The court has broad discretion but must articulate findings.

Motion for Judgment Notwithstanding the Verdict (JNOV) / Judgment as a Matter of Law

Mass. R. Civ. P. 50(b) allows a motion for judgment notwithstanding the verdict (often called a "motion for JNOV" in Massachusetts, though the rule uses "judgment as a matter of law") within 10 days after judgment. The moving party must have moved for judgment as a matter of law under Mass. R. Civ. P. 50(a) during trial (or at the close of evidence) for the post-trial motion to be timely.

The standard is whether the evidence, viewed in the light most favorable to the verdict winner, could support a jury verdict. This is a high bar; the motion will be granted only if no reasonable jury could have returned the verdict.

Motion to Alter or Amend Judgment

Mass. R. Civ. P. 59(e) permits a motion to alter or amend a judgment within 10 days after entry of judgment. This motion is used to:

This motion does not extend the time to appeal; an appeal must be filed within 30 days regardless of a pending Rule 59(e) motion.

General Motion Practice Requirements

Format and Content

All motions in Massachusetts Superior Court must include:

Page and Word Limits

Massachusetts Superior Court judges have varying preferences. Many apply a 20-page limit to memoranda of law, measured double-spaced or with standard margins. Some departments have adopted local rules capping briefs at 25 pages or permitting unlimited pages for complex matters. Always check the specific judge's or department's rules. Email requests for oral argument often identify page limits.

Service and Notice

Motions must be served on all parties at least 14 days before the hearing (Mass. R. Civ. P. 6(d)). Service may be by:

E-filing is now standard in most Massachusetts Superior Court departments. Paper filing is permitted but increasingly discouraged. Always confirm the filing method required by the specific court.

Opposition and Reply Deadlines

Oral Argument

Oral argument is not automatic. The moving party may request oral argument in the notice of motion or accompanying letter. The court will grant or deny the request in its discretion. Judges differ significantly; some routinely grant oral argument requests; others dispose of motions on the papers. When oral argument is granted, the moving party argues first (15-20 minutes typically), the opposing party responds (15-20 minutes), and the moving party may briefly reply (5 minutes).

Ex Parte Motions

Ex parte motions (filed and heard without notice to the opposing party) are **