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COMMONWEALTH OF MASSACHUSETTES
THE TRIAL COURT 415 002
SUPERIOR COURT DEPARTMENT
NORTHAMPTON DIVISION CIVIL ACTION NO.HSCV2015-00002-A
JAMES ROBERT KELLY-WEIR
SENNE
On behalf of herself
»PLANTIFF
HAMPS oe 2? COURT
vs. ~y
MR. ROBERT J. GARVEY
JUNE 2 20
MR. PATRICK J. CAHILLANE La
BA
AND ALL OTHER'S INVOLVED IN SAID CASE
»DEFENDANT(S)
MOTION: FOR AN ORDER TO RECIEVE CAMERA FOOTAGE
NOW COMES THE Plantiff,Jennifer Elizabeth Picknelly Acting Pro'se in the above-Captioned
matter and respectfully moves this Honorable Court to Order The Hampshire County Sheriff's
Department. and House of Correction's to give or send the plantiff (The plantiff's address
is 205 Rockyhill Rd./Po' Box 7000 »Northampton,Mass ,01060) Copies of THE FOLLOWING CAMERA FOOTAG
A): Location Unit 4 On 4/18/14 from 8pm-10:30pm (The whole’ block including cell's)
B) Location South Mod on 10/24/14 from 10:00am-2:00pm (Day Room,Hallway. to room's)
¢c) Location Special Management Unit (S.M.U.) on 10/24/14 from 3pm-llpm (UNIT B)
D) Location South Mod Day room and Shower Area on 11/30/14 from 10:30pm-12:00an (ECT)
E) Location South Mod Day room (Including the door to Control 'Station)on 12/1/14
from 2:50pm-5:00pn.
F) Location South mod (ENTIRE UNIT) on 12/1/14 from 3pm-7pm including hallway to room's
G) Location Hallway between the South and North Mod's and dining room on 12/1/14
from 3:30pm-5:00pn.
H) Location Caption's Office: on 12/2/14 from 7:00am-3:00pm
1) Location Mod. dining Hall on 12/17/14 from 9:30am-1 200
J) Location North Mod Day Room-on 12/17/14-12/18/14 from 10:00am-10:00am
FOR THE FOLLOWING REASON'S:
1. The Plantiff Believe's that the information above will Prove the Plantiff'
Case Against the Defendant(s) And will prove that her right's were in fact
Violated.
@ 2. The Plantiff plan's to submit the Camera Footage. Above as Evidence at Trial
So the truth will come out. What footage can be used will be determined
by the Presiding Justice and/or this Honorable Court.
3. The Plantiff feel's that due to the reason's stated above that this
XN Honorable Court Should Grant Her Motion For an order to recieve Camera
Footage.
X RESPECTFULLY SUBMITTED
peo LAAT HY
‘v (Si R. KELLY-WEIR O'SE FEFER-ELEZABETH-!
—
Le
CERTIFICATE OF SERVICE .
Thereby Certify That A True Copy Of the Attached And/Or Above Document(s) Was Served +
Upon The Defendant(s) And/Or Their Attorney By Regular U.S. Mail Postage Pre-Paid
- At 225 Main Street, Northampton, Massachusettes,01060 On June 10,2015.
RESPECTFULLY SUBMITTED
R. KELLY-WEIR) PRO ‘St
oT
aS
COMMONWEALTH OF MASSACHUSETTES
THE TRIAL COURT
SUPERIOR COURT DEPARTMENT
NORTHAMPTON DIVISION CIVIL AC: DOCKET NO
eae
ae
HSCV-2015-00002-.
JENNIFER ELIZABETH PICKNELLY
On behalf of herself
»PLANTIFF
HAMS: cor COURT
vs.
SUNT 2 2015 |
MR ROBERT J. GARVEY Bi
CL. RATE
MR PATRICK J. CAHILLANE
AND ALL OTHER'S INVOLVED IN SAID CASE
»DEFENDANT(S)
MEMORANDUM IN SUPPORT OF MOTION FOR AN ORDER TO RECIEVE CAMERA FOOTAGE
-
NOW COMES THE Plantiff,Jennifer Elizabeth Picknelly Also known As James Robert Kelly-Weir
In the Above-Captioned Matter Respectfully Moves This Honorable Court to
Acting Pro'se
Giant The Plantiff's Motion For An Order to Recieve Camera Footage
Ou THR FOLLOWING REAEOH'
Order And/Or
~ - - eee es. oe - - ~
to Use The Camera Footage As Evidence At Trial Against The
1. The Plantiff want's
Named Defendant(s) In Her Civil Action Complaint.
Will Prove The Plantiff's Civil Action
2. The Camera Footage Requested By The Plantiff
Complaint Against the Named Defendant(s).
To Note That The Name Jennifer Elizabeth Picknelly Is in Fact
3. The Plantiff Want's
Kelly-Weir) Are Mentioned in her
Her Legal Name And Both Names(James Robert
Motion's And In Her Civil Action Complaint.
4. The Plantiff feel's that due to the Reason's Stated Above that This Honorable
Should Grant Her Motion For An Order To Recieve Camera Footage.
Court
c SUBMITTED
cc: MY FILE RESPECTFULLY
NORTHAMPTON SUPERIOR COURT
CHARLES M. MAGUIRE ATTIORNEY AT LAW x Dat Bk Lise
—_
(JAMES R. KELLY-WEIR) Pro'set?*’
CERTIFICATE OF SERVICE .
I,hereby Certify That A True Copy Of the Attached And/Or Above Document(s) Was Served
Upon The Defendant(s) And/Or Their Attorney By Regular U.S. Mail Postage Pre-Paid
At 225 Main Street, Northampton, Massachusettes,01060 On June 10,2015."
RESPECTFULLY SUBMITTED
&
'S R. KELL -WEIR) PRO'SE
o
ay
"I
a
DIRECTIVES Admin. Directive No. 03-1
Rescinded h
IMENT it
APPENDIX OF ADMINISTRATIVE’ DIRECTIVES
anties or their
sctive Administrative. Directive. No. Inmate
e goods or Non-Filing of Discovery Materials Civil Cases—Service of Process *
[Rescinded].
athorized), as Inmate Civil Cases—Service of Process. This administrative directive is implemented to ad-
of [Rescinded]. dress the unique problems that often accompany a
~ of Superior Court Business Litigation Sessions. civil action that is filed by someone who is incarcerat-
ntiff ed. Its aim is to promote a just and speedy resolution
in the of these civil actions by ensuring:
al Court: fo 1. That upon filing, the complaint is entered expe-
this writ witl ‘Administrative Directive No. 90-2. Non-
ditiously and appropriate notice is sent.
Filing of Discovery Materials
pa ‘Cuts in judicial appropriations over the last few 2. That all named’ parties receive actual notice of
as filed on the litigation.
‘proved on have critically reduced the staff of the Superior
mount of $. 3. That the cases proceed in a timely and cost
Court Clerks’ offices. Staffing levels now are well effective manner.
LIGAN, Esquire} iow where they were in 1980 although the volume of
= _. tases. entered each year has risen substantially over Accordingly, it is ordered that upon the filing of the
iat ten-year period. Moreover, although 918 author- complaint, the Clerk is to pass upon the sufficiency. of.
staff positions exist in the Superior Court, only the affidavit of indigency (in almost all cases, the
0 of those are currently filled and only 788 have prisoner is indigent but has access to limited funds)
en funded for fiscal year 1991. Operating at only and if indigent, to authorize service of. process by
\% of its authorized strength, the Court is unable to certified mail on all named defendants—copy to the
3 issued pur: Attorney General. With notification of this action
féctively docket, store and process the volume of
tules of Civil rs entered in the Clerk’s office on a daily basis * * * the Clerk is to provide the plaintiff with the
to manage simultaneously the Court’s civil and appropriate number of blank summonses. Tt is the
00 obligation of the plaintiff to provide the requisite
al business.
number of copies of the complaint and to complete the
luctantly, therefore, but with the-advice, consent summons to perfect service. In those rare instances
Agreement of the Superior Court Clerk~Magis- wherein the plaintiff has no access to funds (ex. not in
AMENT and ona temporary basis until further notice, the general population of the prison) service may be
shall serve, but shall not file, the following authorized by regular mail and the Court is to provide
, 19;
wery materials the appropriate number of blank summonses.
-named defen
Interrogatories and answers. With the notice of the Court’s action, the plaintiff is
also to be notified of what is required in.filing a return
Requests for admissions and answers. of service * * * and of the waiving of that part of
Superior Court Rule 9A which requires the packaging
Any discovery agreement or stipulation between of motions and responses thereto. eee
ies which does not affect any deadline con-
din @ tracking order entered under Superior When a complaint filed by an inmate requests other
Standing Order 1-88. than money damages, the complaint is to be reviewed
by a justice for whatever action he or she deems
VICE ‘he provisions of Mass.R.Civ.P. 5(d)(2) shall apply appropriate. For example, it is in the discretion of
on —____., all documents listed above. In addition, if any the justice to decide a request for a preliminary
of attachment on:believes that a particular document of the type injunction upon submissions and not require the pres-
llowing manne! above should be filed in a specific case, that ence of the inmate.
m may file with the Court an ex parte motion
This administrative directive is to take effect forth-
itifying the document in question, stating the
‘of the order the person seeks and the grounds with.
ithe-motion. The motion shall be presented to, and Effective May 1, 1992.
idéd by, the Regional Administrative Justice.
e December 8, 1990. Administrative Directive No. 03-1. Superior
i Court Business Litigation Session Extension
and Expanded Venue [RESCINDED]
Administrative Directive No.
Bffective March 8, 2003. Rescinded with the adoption of
ie 91-1. {Rescinded] Administrative Directive No. 09-1, effective January 19,
ctive July 1, 1991. Rescinded effective October 4, 2010. 2009.
1737
tt |
GENERAL PROVISIONS ig
Rule 9E
ty
ving
party with thell (e) Exceptions. The provisions of this rule shall counsel. Motions unaccompanied by such certificate
iud, igment mot tion, I¢ifnot apply to the following motions:
not receive will be denied without prejudice to renew when ac-
With the}
y shallfi]le withtj |
(1) Bu Parte, Emergency, and Other Motions. A
Opposing’ q party filing an ex parte motion, emergency motion,
companied by the required certificate.
Adopted July 18, 1989, effective October 2, 1989. Amended
'
xhibits without that j or motion for appointment of a special process October 6, 2004, effective November 1, 2004. Amended June
ertificas on required server is excused from compliance with Paragraphs 15; 2007, effective October 1, 2007.
then r ‘est with th (b)(1) and (b)(2) of this rule. Ex parte motions shall
ile any designated {| be served within 3 days of a ruling:on the motion.
Emergency motions shall be served on all parties Rule 9D. Motions for Reconsideration
rty, upon filing a
forthwith upon filing.
(2) ‘Motions:lnvolving: Incarcevrated'Partiés.. Ad-
(Applicable to all civil cases)
» sh all serve upo
er and electronicm ministrative’ Directive No. 92-1, which governs civil Motions for reconsideration shall be served and
actions filed by a plaintiff who is incarcerated, processed consistent with Rule 9A. Such motions
excused, the con. waives that part of subdivision (b)(2) of this rule seeking reconsideration of motions made pursuant to
‘acts and respons. 4 that requires the filing of the Rule 9A package. Mass. R. Civ. P. 50(b), 52(b),.59(b), 59(e) or 60(b) are
© response is filed
2rdance
80 Serve With
uy
this Such waiver also shall apply to motions
actions where a defendant is incarcerated and ap-
in civil considered made or served for purposes of those rules
on the date of service pursuant to Rule 9A.
ndix of exhibits,
ipon the | pearing pro se, but only where the incarcerated
defendant is the moving party. Additionally, the words “MOTION FOR RECON- i
ts, filed with the SIDERATION” shall appear clearly in the title of the
S€ agree, Ip the 3] Adopted July 21, 1988, effective October 3, 1988. Amended
ing July 18, 1989, effective October 2, 1989; December 6, 1989, motion, Upon filing, the clerk shall transmit the
ie ind motion and supporting papers to the Justice who
effective January 31, 1990; December 17, 1991, effective
"be March 1, 1992; December 10, 1998, effective January 1, 1994; decided the original motion. If, upon reviewing the
February 24, 1998, effective April 1, 1998; October 6, 2004, motion and supporting documents, the Justice who
28, The court effective November 1, 2004; January 22, 2009, effective decided the original motion desires to hold a hearing
opposition that March 2, 2009; October 24, 2012, effective January 1, 2013; on the motion for reconsideration, he or she may
its of this rule, September 24, 2013, effective January 1, 2014.
schedule a hearing thereon. Alternatively, he or she
may refer the motion for reconsideration to the Re-
Rule 9B. Certificates of Service gional Administrative Justice for the *egion where the
rk any motion case is pending.
court believes (Applicable to civil cases)
a disposi- The last page of every paper served in accordance Adopted December 6, 1989, effective January 31, 1990.
the time and with Mass.R.Civ.P. 5(a) shall contain a brief statement Amended October 6, 2004, effective November 1, 2004.
the parties of showing the date on which and manner in which
service of the paper was made on each other party.
for a hearin, ‘The statement may be in the following form: Rule 9E. Motions to Dismiss
2urt which, in I hereby certify that a true copy of the above and Post-Trial Motions
4 Tequires 9 document was served upon (each party appearing (Applicable to all civil cases)
3 the motion, pro se and) the attorney of record for each (other)
\ should be party by mail (by hand) on (date). (Signature). Motions to dismiss pursuant to Mass. R. Civ. P, 12
noti the Adopted July 18, 1989, effective October 2, 1989. are subject to Rule 9A. Because such motions often
CNL) hereof are the initial filing in response to a complaint, coun- il
3 ‘eemed
a
1 by statute Rule 9C. Settlement of Discovery Disputes terclaim or cross-claim, in order to avoid the entry of
a default for failure to respond in a timely fashion,
i
(Applicable to all civil cases) party responding by a motion to dismiss must serve
Requests Counsel for each of the parties shall confer in the motion on all parties pursuant to Superior Court
| ordinarily : dvance of serving any motion under Mass. R. Civ. P. Rule. 9A(b)(2) and, in a timely manner, must also file
ustee Pro. 26 or 87 and make a good faith effort to narrow areas with the court a simple “Notice of Motion to Dismiss”
t Master's of disagreement to the fullest extent. Counsel for the reciting the title of the motion and the date of its
Rule 56), party who intends to serve the motion shall be respon- service on the parties.
, Lis Pen. sible for initiating the conference, which conference
Post-trial motions pursuant to Mass. R. Civ. P. 50,
2quest for shall be by telephone or in person. All such motions
nied bya shall contain a certificate stating that the conference 52, 59 and 60 are subject to Rule 9A. A party serving
required by this Rule was held, together with the date any such motion must serve the motion on all parties
he and time of the conference and the names of all
pursuant to Superior Court Rule 9A(b)(2) and, in a
Participating parties, or that the conference was not timely manner, must also file with the court a simple
‘aring in held despite reasonable efforts by the moving party to “Notice of Motion” reciting the title of the motion and
decided initiate the conference, setting forth the efforts made the date of its service on the parties.
to speak by telephone or in person with opposing Adopted October 6, 2004, effective November 1, 2004.
eee, 1699 |it
a Hl
f.
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o~/ os ahi 33 COMMONWEALTH OF MASSACHUSETTES THE TRIAL COURT 415 002 SUPERIOR COURT DEPARTMENT NORTHAMPTON DIVISION CIVIL ACTION NO.HSCV2015-00002-A JAMES ROBERT KELLY-WEIR SENNE On behalf of herself »PLANTIFF HAMPS oe 2? COURT vs. ~y MR. ROBERT J. GARVEY JUNE 2 20 MR. PATRICK J. CAHILLANE La BA AND ALL OTHER'S INVOLVED IN SAID CASE »DEFENDANT(S) MOTION: FOR AN ORDER TO RECIEVE CAMERA FOOTAGE NOW COMES THE Plantiff,Jennifer Elizabeth Picknelly Acting Pro'se in the above-Captioned matter and respectfully moves this Honorable Court to Order The Hampshire County Sheriff's Department. and House of Correction's to give or send the plantiff (The plantiff's address is 205 Rockyhill Rd./Po' Box 7000 »Northampton,Mass ,01060) Copies of THE FOLLOWING CAMERA FOOTAG A): Location Unit 4 On 4/18/14 from 8pm-10:30pm (The whole’ block including cell's) B) Location South Mod on 10/24/14 from 10:00am-2:00pm (Day Room,Hallway. to room's) ¢c) Location Special Management Unit (S.M.U.) on 10/24/14 from 3pm-llpm (UNIT B) D) Location South Mod Day room and Shower Area on 11/30/14 from 10:30pm-12:00an (ECT) E) Location South Mod Day room (Including the door to Control 'Station)on 12/1/14 from 2:50pm-5:00pn. F) Location South mod (ENTIRE UNIT) on 12/1/14 from 3pm-7pm including hallway to room's G) Location Hallway between the South and North Mod's and dining room on 12/1/14 from 3:30pm-5:00pn. H) Location Caption's Office: on 12/2/14 from 7:00am-3:00pm 1) Location Mod. dining Hall on 12/17/14 from 9:30am-1 200 J) Location North Mod Day Room-on 12/17/14-12/18/14 from 10:00am-10:00am FOR THE FOLLOWING REASON'S: 1. The Plantiff Believe's that the information above will Prove the Plantiff' Case Against the Defendant(s) And will prove that her right's were in fact Violated. @ 2. The Plantiff plan's to submit the Camera Footage. Above as Evidence at Trial So the truth will come out. What footage can be used will be determined by the Presiding Justice and/or this Honorable Court. 3. The Plantiff feel's that due to the reason's stated above that this XN Honorable Court Should Grant Her Motion For an order to recieve Camera Footage. X RESPECTFULLY SUBMITTED peo LAAT HY ‘v (Si R. KELLY-WEIR O'SE FEFER-ELEZABETH-! — Le CERTIFICATE OF SERVICE . Thereby Certify That A True Copy Of the Attached And/Or Above Document(s) Was Served + Upon The Defendant(s) And/Or Their Attorney By Regular U.S. Mail Postage Pre-Paid - At 225 Main Street, Northampton, Massachusettes,01060 On June 10,2015. RESPECTFULLY SUBMITTED R. KELLY-WEIR) PRO ‘St oT aS COMMONWEALTH OF MASSACHUSETTES THE TRIAL COURT SUPERIOR COURT DEPARTMENT NORTHAMPTON DIVISION CIVIL AC: DOCKET NO eae ae HSCV-2015-00002-. JENNIFER ELIZABETH PICKNELLY On behalf of herself »PLANTIFF HAMS: cor COURT vs. SUNT 2 2015 | MR ROBERT J. GARVEY Bi CL. RATE MR PATRICK J. CAHILLANE AND ALL OTHER'S INVOLVED IN SAID CASE »DEFENDANT(S) MEMORANDUM IN SUPPORT OF MOTION FOR AN ORDER TO RECIEVE CAMERA FOOTAGE - NOW COMES THE Plantiff,Jennifer Elizabeth Picknelly Also known As James Robert Kelly-Weir In the Above-Captioned Matter Respectfully Moves This Honorable Court to Acting Pro'se Giant The Plantiff's Motion For An Order to Recieve Camera Footage Ou THR FOLLOWING REAEOH' Order And/Or ~ - - eee es. oe - - ~ to Use The Camera Footage As Evidence At Trial Against The 1. The Plantiff want's Named Defendant(s) In Her Civil Action Complaint. Will Prove The Plantiff's Civil Action 2. The Camera Footage Requested By The Plantiff Complaint Against the Named Defendant(s). To Note That The Name Jennifer Elizabeth Picknelly Is in Fact 3. The Plantiff Want's Kelly-Weir) Are Mentioned in her Her Legal Name And Both Names(James Robert Motion's And In Her Civil Action Complaint. 4. The Plantiff feel's that due to the Reason's Stated Above that This Honorable Should Grant Her Motion For An Order To Recieve Camera Footage. Court c SUBMITTED cc: MY FILE RESPECTFULLY NORTHAMPTON SUPERIOR COURT CHARLES M. MAGUIRE ATTIORNEY AT LAW x Dat Bk Lise —_ (JAMES R. KELLY-WEIR) Pro'set?*’ CERTIFICATE OF SERVICE . I,hereby Certify That A True Copy Of the Attached And/Or Above Document(s) Was Served Upon The Defendant(s) And/Or Their Attorney By Regular U.S. Mail Postage Pre-Paid At 225 Main Street, Northampton, Massachusettes,01060 On June 10,2015." RESPECTFULLY SUBMITTED & 'S R. KELL -WEIR) PRO'SE o ay "I a DIRECTIVES Admin. Directive No. 03-1 Rescinded h IMENT it APPENDIX OF ADMINISTRATIVE’ DIRECTIVES anties or their sctive Administrative. Directive. No. Inmate e goods or Non-Filing of Discovery Materials Civil Cases—Service of Process * [Rescinded]. athorized), as Inmate Civil Cases—Service of Process. This administrative directive is implemented to ad- of [Rescinded]. dress the unique problems that often accompany a ~ of Superior Court Business Litigation Sessions. civil action that is filed by someone who is incarcerat- ntiff ed. Its aim is to promote a just and speedy resolution in the of these civil actions by ensuring: al Court: fo 1. That upon filing, the complaint is entered expe- this writ witl ‘Administrative Directive No. 90-2. Non- ditiously and appropriate notice is sent. Filing of Discovery Materials pa ‘Cuts in judicial appropriations over the last few 2. That all named’ parties receive actual notice of as filed on the litigation. ‘proved on have critically reduced the staff of the Superior mount of $. 3. That the cases proceed in a timely and cost Court Clerks’ offices. Staffing levels now are well effective manner. LIGAN, Esquire} iow where they were in 1980 although the volume of = _. tases. entered each year has risen substantially over Accordingly, it is ordered that upon the filing of the iat ten-year period. Moreover, although 918 author- complaint, the Clerk is to pass upon the sufficiency. of. staff positions exist in the Superior Court, only the affidavit of indigency (in almost all cases, the 0 of those are currently filled and only 788 have prisoner is indigent but has access to limited funds) en funded for fiscal year 1991. Operating at only and if indigent, to authorize service of. process by \% of its authorized strength, the Court is unable to certified mail on all named defendants—copy to the 3 issued pur: Attorney General. With notification of this action féctively docket, store and process the volume of tules of Civil rs entered in the Clerk’s office on a daily basis * * * the Clerk is to provide the plaintiff with the to manage simultaneously the Court’s civil and appropriate number of blank summonses. Tt is the 00 obligation of the plaintiff to provide the requisite al business. number of copies of the complaint and to complete the luctantly, therefore, but with the-advice, consent summons to perfect service. In those rare instances Agreement of the Superior Court Clerk~Magis- wherein the plaintiff has no access to funds (ex. not in AMENT and ona temporary basis until further notice, the general population of the prison) service may be shall serve, but shall not file, the following authorized by regular mail and the Court is to provide , 19; wery materials the appropriate number of blank summonses. -named defen Interrogatories and answers. With the notice of the Court’s action, the plaintiff is also to be notified of what is required in.filing a return Requests for admissions and answers. of service * * * and of the waiving of that part of Superior Court Rule 9A which requires the packaging Any discovery agreement or stipulation between of motions and responses thereto. eee ies which does not affect any deadline con- din @ tracking order entered under Superior When a complaint filed by an inmate requests other Standing Order 1-88. than money damages, the complaint is to be reviewed by a justice for whatever action he or she deems VICE ‘he provisions of Mass.R.Civ.P. 5(d)(2) shall apply appropriate. For example, it is in the discretion of on —____., all documents listed above. In addition, if any the justice to decide a request for a preliminary of attachment on:believes that a particular document of the type injunction upon submissions and not require the pres- llowing manne! above should be filed in a specific case, that ence of the inmate. m may file with the Court an ex parte motion This administrative directive is to take effect forth- itifying the document in question, stating the ‘of the order the person seeks and the grounds with. ithe-motion. The motion shall be presented to, and Effective May 1, 1992. idéd by, the Regional Administrative Justice. e December 8, 1990. Administrative Directive No. 03-1. Superior i Court Business Litigation Session Extension and Expanded Venue [RESCINDED] Administrative Directive No. Bffective March 8, 2003. Rescinded with the adoption of ie 91-1. {Rescinded] Administrative Directive No. 09-1, effective January 19, ctive July 1, 1991. Rescinded effective October 4, 2010. 2009. 1737 tt | GENERAL PROVISIONS ig Rule 9E ty ving party with thell (e) Exceptions. The provisions of this rule shall counsel. Motions unaccompanied by such certificate iud, igment mot tion, I¢ifnot apply to the following motions: not receive will be denied without prejudice to renew when ac- With the} y shallfi]le withtj | (1) Bu Parte, Emergency, and Other Motions. A Opposing’ q party filing an ex parte motion, emergency motion, companied by the required certificate. Adopted July 18, 1989, effective October 2, 1989. Amended ' xhibits without that j or motion for appointment of a special process October 6, 2004, effective November 1, 2004. Amended June ertificas on required server is excused from compliance with Paragraphs 15; 2007, effective October 1, 2007. then r ‘est with th (b)(1) and (b)(2) of this rule. Ex parte motions shall ile any designated {| be served within 3 days of a ruling:on the motion. Emergency motions shall be served on all parties Rule 9D. Motions for Reconsideration rty, upon filing a forthwith upon filing. (2) ‘Motions:lnvolving: Incarcevrated'Partiés.. Ad- (Applicable to all civil cases) » sh all serve upo er and electronicm ministrative’ Directive No. 92-1, which governs civil Motions for reconsideration shall be served and actions filed by a plaintiff who is incarcerated, processed consistent with Rule 9A. Such motions excused, the con. waives that part of subdivision (b)(2) of this rule seeking reconsideration of motions made pursuant to ‘acts and respons. 4 that requires the filing of the Rule 9A package. Mass. R. Civ. P. 50(b), 52(b),.59(b), 59(e) or 60(b) are © response is filed 2rdance 80 Serve With uy this Such waiver also shall apply to motions actions where a defendant is incarcerated and ap- in civil considered made or served for purposes of those rules on the date of service pursuant to Rule 9A. ndix of exhibits, ipon the | pearing pro se, but only where the incarcerated defendant is the moving party. Additionally, the words “MOTION FOR RECON- i ts, filed with the SIDERATION” shall appear clearly in the title of the S€ agree, Ip the 3] Adopted July 21, 1988, effective October 3, 1988. Amended ing July 18, 1989, effective October 2, 1989; December 6, 1989, motion, Upon filing, the clerk shall transmit the ie ind motion and supporting papers to the Justice who effective January 31, 1990; December 17, 1991, effective "be March 1, 1992; December 10, 1998, effective January 1, 1994; decided the original motion. If, upon reviewing the February 24, 1998, effective April 1, 1998; October 6, 2004, motion and supporting documents, the Justice who 28, The court effective November 1, 2004; January 22, 2009, effective decided the original motion desires to hold a hearing opposition that March 2, 2009; October 24, 2012, effective January 1, 2013; on the motion for reconsideration, he or she may its of this rule, September 24, 2013, effective January 1, 2014. schedule a hearing thereon. Alternatively, he or she may refer the motion for reconsideration to the Re- Rule 9B. Certificates of Service gional Administrative Justice for the *egion where the rk any motion case is pending. court believes (Applicable to civil cases) a disposi- The last page of every paper served in accordance Adopted December 6, 1989, effective January 31, 1990. the time and with Mass.R.Civ.P. 5(a) shall contain a brief statement Amended October 6, 2004, effective November 1, 2004. the parties of showing the date on which and manner in which service of the paper was made on each other party. for a hearin, ‘The statement may be in the following form: Rule 9E. Motions to Dismiss 2urt which, in I hereby certify that a true copy of the above and Post-Trial Motions 4 Tequires 9 document was served upon (each party appearing (Applicable to all civil cases) 3 the motion, pro se and) the attorney of record for each (other) \ should be party by mail (by hand) on (date). (Signature). Motions to dismiss pursuant to Mass. R. Civ. P, 12 noti the Adopted July 18, 1989, effective October 2, 1989. are subject to Rule 9A. Because such motions often CNL) hereof are the initial filing in response to a complaint, coun- il 3 ‘eemed a 1 by statute Rule 9C. Settlement of Discovery Disputes terclaim or cross-claim, in order to avoid the entry of a default for failure to respond in a timely fashion, i (Applicable to all civil cases) party responding by a motion to dismiss must serve Requests Counsel for each of the parties shall confer in the motion on all parties pursuant to Superior Court | ordinarily : dvance of serving any motion under Mass. R. Civ. P. Rule. 9A(b)(2) and, in a timely manner, must also file ustee Pro. 26 or 87 and make a good faith effort to narrow areas with the court a simple “Notice of Motion to Dismiss” t Master's of disagreement to the fullest extent. Counsel for the reciting the title of the motion and the date of its Rule 56), party who intends to serve the motion shall be respon- service on the parties. , Lis Pen. sible for initiating the conference, which conference Post-trial motions pursuant to Mass. R. Civ. P. 50, 2quest for shall be by telephone or in person. All such motions nied bya shall contain a certificate stating that the conference 52, 59 and 60 are subject to Rule 9A. A party serving required by this Rule was held, together with the date any such motion must serve the motion on all parties he and time of the conference and the names of all pursuant to Superior Court Rule 9A(b)(2) and, in a Participating parties, or that the conference was not timely manner, must also file with the court a simple ‘aring in held despite reasonable efforts by the moving party to “Notice of Motion” reciting the title of the motion and decided initiate the conference, setting forth the efforts made the date of its service on the parties. to speak by telephone or in person with opposing Adopted October 6, 2004, effective November 1, 2004. eee, 1699 |it a Hl f.