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Massachusetts Rules of Domestic Relations Procedure

Rule: 6

Jurisdiction: MA

Bluebook Citation: Mass. R. Dom. Rel. P. 6

(2003) The amendment to Rule 6(c) requires that any pleadings, whether an affidavit or a memorandum in support or in opposition to a motion, be served prior to the time fixed for hearing on the motion. (2000) Rule 6(c) requires every motion to be accompanied by a proposed order. The amendment to rule 6(c) makes clear that the proposed order should not be docketed or included in the permanent case file and may be destroyed after a hearing on the motion. (1997) This amendment to Rule 6(c) changes the time requirements for service of a motion from three (3) to seven (7) days, unless it is a motion that may be heard ex parte. All ex parte motions must be accompanied by an affidavit setting forth the nature of the emergency. If the motion is allowed, the court must make written findings that an emergency exists and set forth the nature of the emergency. The amendment also provides that if a motion is supported by an affidavit it must be served with the motion, except as provided in Rule 59(c). The service of opposing affidavits is no longer optional. If a motion is accompanied by an affidavit, then an opposing affidavit must also be served. The amendment to the rule changes the time requirement for service of the opposing affidavit from not later than one (1) day before the hearing, to not later than two (2) full business days before the hearing. All motions must now be accompanied by a proposed order which sets forth, in itemized detail, the relief sought from the court. In addition, Rule 6(c) explicitly states that the service and content of motions are subject to the sanctions of Rule 11.

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