Motions to dismiss and post-trial motions

Motions to dismiss pursuant to Mass. R. Civ. P. 12 are subject to Rule 9A . Because such motions are often the initial filing in response to a complaint, counterclaim or cross-claim, in order to avoid the entry of a default for failure to respond in a timely fashion, a party responding by a motion to dismiss must serve the motion on all parties pursuant to Superior Court Rule 9A(b)(2) and, in a timely manner, must also file with the court a simple "Notice of Motion to Dismiss" reciting the title of the motion and the date of its service on the parties. Post-trial motions pursuant to Mass. R. Civ. P. 50 , 52 , 59 and 60 are subject to Rule 9A . A party serving any such motion must serve the motion on all parties pursuant to Superior Court Rule 9A(b)(2) and, in a timely manner, must also file with the court a simple "Notice of Motion" reciting the title of the motion and the date of its service on the parties.