Preview
id
ty
Let
CY
\ J 34
45 0028
COMMONWEALTH OF MASSACHUSETTES
?THES TRIAL. COURT
“ SUPERTOR: “COURT DEPARTMENT -
ANORTHAMPTON DIVISION CIVIL‘ ACTION: No waSCy 2015-00002-A
x
»PLANTIFF
HAM ips
Q vs.
‘MR. ROBERT J. GARVEY JUN | 22
MR. PATRICK J. CAHILLANE
AND ALL INVOLVED IN SAID CASE
. »DEFENDANT(S) Lobes
be
MOTION FOR AN ORDER TO RECIEVE COPIES OF RECORD'S
(OW COMES THE Plantiff,Jennifer Elizabeth Picknelly Acting Pro'se in the above-Captioned
ter and respectfully moves this Honorable Court to Order The Hampshire County Sheriff's
Department and House Of Correction's to give or send the platiff copies of her institutional
4, Record's Which at the time was under the name of James Robert Kelly-Weir ID#13681 her
mailing Address is 205 Rockyhill rd./Po box 7000,Northampton mass 01060. The plantiff
\N Request's the following record's/Files All Protective Custody Admiision: Form's with all
Staff's notes Assocated:with it, All Files on Administrati ve Segragation plus all Notes
From staff Assocated:with it including Classafacati on Reveiw board meeting's, All
Disiplinary Report's and staff Notes Assocated:with it,Enemy List's and their Location's
for Housing (to compare to plantiff's to see they were housed together) The Plantiff's
Housing Location's and dates ect. All request slip's and incident report's, Al]: P:R.E.A.
(Prision,Rape,Elimanation,Act) Report's, investagati on report's/finding's for or against
the plantiff. Disiplinary report's on Emmit Harvin only ifiAssocated with the plantiff
to compare to see if he was wriiten up for extorting the plantiff, All files/Record's
on all inmate's who are L.G.B.T. (who said they were ) and where they were housed upon
admission into General population. All notes/files/record's/medical&mentalhealth record's
neluding Caseworker's/counsler's/Teacher's/Officer's files/record's notes for the plantiff
IR THE FOLLOWING REASON'S:
1. The plantiff want's these files to submit as evidence in her case for trial :
Furthermore these record's/Files/Notes will prove plantiff's complaint to be
true and Correct.
2. The plantiff want's these files to show the court also how the Defendant(s) :
Their facility and how much abuse the plantiff had to endure while she
Run
in their care and custody:
X
S feel's that due to reason's stated above that this Honorable Court
3. The plantiff
Should grant her motion for an order to receive copies of record's.
XY RESPECTFULLY SUBMITTED
—RESPECTFULLY-SUBMITTED
‘N Le" a
Ptr
‘ER
spelt SA
—
BET!
tllAY ZA0 Lh
HELLY) PRO‘
(J 'S R. KELLY-WEIR. "SE
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
Q. iMI
pR. KELLY-WE PRO" SE
a
ew
COMMONWEALTH OF MASSACHUSETTES
THE TRIAL COURT
SUPERIOR COURT DEPARTMENT
NORTHAMPTON DIVISION CIVIL ACTION DOCKET NO.
----- +--+ HSCV—2015-00002-A.
JAMES ROBERT KELLY-WEIR
SENNEFER-ELLZABETH PLCENELLY
On behalf of herself
,»PLANTLFF
HAN. ‘OURT
vs.
ann
Jun 12 CUES
MR. ROBERT J. GARVEY
MR. PATRICK J. CAHTLLANE te
Tia.
AND ALL OTHER'S. INVOLVED IN SAID CASE CLbe
»DEFENDANT(S)
MEMORANDUM IN SUPPORT OF MOTION TO RECIEVE COPIES OF RECORD'S
NOW COMES THE Plantiff,Jennifer Elizabeth Picknelly Also Known As James Robert Kelly-Weir
Acting Pro'se In the Above-Captioned Matter Respectfully Moves This Honorable Court to
Order And/Or Grant the Plantiff's Motion For An Order To Receive Copies of Record's
For The FOLLOWING REASON'S:
1. The Plantiff want's to use those Record's as Evidence at Trial on Her
Civil Action Complaint Against The Named Defendant(s).
2. The Record's That-The Plantiff-Is kequesting Wili Prove-The -Plantif£" ~
Civil Action Complaint Against the Named Defendant(s).
3. The Plantiff Want's It Known That the Name Jennifer Elizabeth Picknelly is
In Fact Her Legal Name And Both Names(James Robert Kelly-Weir) Are Mentioned
In Her Motion's And In Her Civil Action Complaint.
4. The Plantiff Feel's That Due To the Reason's Stated Above That This Honorable
Court Should Grant Her Motion For An Order To Recieve Copies Of Record's.
RESPECTFULLY SUBMITTED
et
“ ene fes Lhe. bok Mus
x JENNIFER ELIZABETH PICKNELLY)
- PRO'SE
x
cc: MY FILE (JAMES? R. KELLY-WEIR) PRO'SE
NORTHAMPTON SUPERIOR COURT
CHARLES M. MAGUIRE ATTORNEY AT LAW
oo
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
R. KELLY:
LetPRO'SE
IR)
ae
|
Wl
DIRECTIVES Admin. Directive. No. 03-1
Rescinded 4
IMENT
anties or the
APPENDIX OF ADMINISTRATIVE’ DIRECTIVES
rective aA istrative: Dired Inmate
e goods or 90 Non-Filing of Discovery Materials Civil Cases—Service of Process *
[Rescinded].
ithorized), as Inmate Civil Cases—Service of Process. This administrative directive is implemented to ad-
ate [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 -for 1, That upon filing, the complaint is entered expe-
this writ dministrative Directive No. 90-2. Non-
ditiously and appropriate notice is sent.
Filing of Discovery Materials
2. That all named parties receive actual notice of
as filed on. Cxits in judicial appropriations over the last few the litigation.
‘proved on ‘ars have critically reduced the staff of the Superior
mount of wrt Clerks’ offices. Staffing levels now are well 3. That the cases proceed in a timely and cost
VIGAN, Es low where they were in 1980 although the volume of effective manner.
L, 19. cases entered each year has risen substantially over Accordingly, it is ordered that upon the filing of the
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
of those are currently filled and only 738 have prisoner is indigent but has access to limited’ funds)
on 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
} issued pursi Attorney, General. With notification of this action
ely docket, store and process the volume of
tules of Ci * * * the Clerk is to provide the plaintiff with the
jérs entered in the: Clerk’s office on a daily basis
to manage sirnultaneously the Court’s civil and appropriate number of blank summonses. It is the
00 business. obligation of the plaintiff to provide the requisite
number of copies of the complaint and to complete the
riclantiy, 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 on ‘a temporary basis until further notice, the general population of the prison) service may be
ies shall serve, but shall not file, the following authorized by regular mail and the Court is to provide
» 195 ery 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
Anly discovery agreement or stipulation between ee
of motions and responses thereto. Xv
parties which does not affect any deadline con-
a tracking order entered under Superior When a complaint filed by an inmate requests other
wart Standing’ Order 1-88. than money damages, the complaint is to be reviewed
VICE by a justice for whatever action he or she deems
le provisions of. Mass.R.Civ.P. 5(d)(2) shall apply appropriate. For example, it is in the discretion of
ton documents listed above. In addition, if any the justice to decide a request for a preliminary
of attachment mn-believes that a particular document of the type injunction upon submissions and not require the pres-
lowing mann d:above should be filed in a specific case, that ence of the inmate.
ion. may file with the Court an ex parte motion
tifying the document in question, stating the This administrative directive is to take effect forth-
‘of the order the person seeks and the grounds with.
motion. The motion shall be presented to, and Effective May 1, 1992.
by, the Regional Administrative Justice.
re December. 8, 1990. Administrative Directive No. 03-1. Superior
Court Business Litigation Session Extension
and Expanded Venue [RESCINDED]
Administrative Directive No.
91-1. [Rescinded] Effective March 3, 2003. Rescinded with the adoption of
Administrative Directive No. 09-1, effective January 1
ive July 1, 1991. Rescinded effective October 4, 2010. 2009.
1787
i es
GENERAL PROVISIONS Rule 9E i
7
ving
hud, ‘gmeParty with the:
nt motion,
(e) Exceptions. The provisions of this rule shall counsel. Motions unaccompanied by such certificate
J; not apply to the following motions: will be denied without prejudice to renew when ac-
not receive with th, ]
ited by theoj>PPosing: /
(1) Eu Parte, Emergency, and Other Motions. A
party filing an ex parte motion, emergency motion,
companied by the required certificate.
y le with the Adopted July 18, 1989, effective October 2, 1989, Amended
ibits withou t that | or motion for appointment of a special process October 6, 2004, effective November 1, 2004, Amended June
. server is excused from compliance with Paragraphs 15, 2007, effective October 1, 2007.
ertification re,
| then rest wi quired } (b)(1) and (b)(2) of this rule. Ex parte motions shall
ith the 4 be served within 8 days of a ruling on the motion.
© any designated | Emergency motions shall be served: on all parties Rule 9D. Motions for Reconsideration
3] forthwith upon filing.
PY, upon filing a |
+ Shall serve ) Mo Ad-
(Applicable to all civil cases)
Upon ministr civil Motions for reconsideration shall be served and
er and elect; ronic
excuse, l, the con- 4 actions filed by a plaintiff who is incarcerated, processed consistent with Rule 9A. Such motions
facts an id respons. al waives that part of subdivision (b)(2) of. this rule seeking reconsideration of motions made pursuant to
©response ig filed “f° 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
ordance wit Such waiver also shall apply to motions in civil considered made or served for purposes of those rules
h this actions where a defendant is incarcerated and ap- on the date of service pursuant to Rule 9A.
30 Serve upon the 3 ing pro se, but only where the incarcerated
ii ndix of exhibits, 7 defendant is the moving party. Additionally, the words “MOTION FOR RECON-
ts, » filed With the 3 Adopted July 21, 1988, effective October 3, 1988, Amended SIDERATION” shall appear clearly in the title of the
Se agree. If the motion, Upon filing, the clerk shall transmit the 4
ing the index, ig July 18, 1989, effective October 2, 1989; December 6,’ 1989,
effective January 31, 1990; December 17, 1991, effective motion and supporting papers to the Justice who
py shalll alsobe Mareh'l, 1992; December 10, 1993, effective January 1, 1994; decided the original motion. Tf, upon reviewing the
agree,
February 24, 1998, effective April 1, 1998; October 6, 2004, motion and supporting documents, the Justice who
2e, The coi effective November 1, 2004; January 22, 2009,. effective decided the original motion desires to hold a hearing
Cpposition that March 2, 2009; October 24, 2012, effective January 1, 2013; on the motion for reconsideration, he or she may
ts of this rule. ae September 24, 2018, effective January 1, 2014.
schedule a hearing theréon. Alternatively, he or she
may refer the motion for reconsideration to the Re-
Pe Rule 9B. Certificates of Service gional Administrative Justice for the Yegion where the
tk any motion case is pending.
court believes (Applicable to civil cases)
to a dispo: The last page of every paper served in accordance Adopted December 6, 1989, effective January 31,” 1990.
the time and j= 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
urt which, in I hereby certify that a true copy of the above and Post-Trial Motions
7 requiresa 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)
1g should ‘he party by mail (by hand) on (date). (Signature). Motions to dismiss pursuant to Mass. R. Civ. P, 12
2 noi i Adopted July 18, 1989, effective October 2, 1989. are subject to Rule 9A. Because such motions often
©)(1) hereof, are the initial filing in response to a complaint, coun-
> deemed a
Rule 9C. Settlement of Discovery Disputes terclaim or cross-claim, in order to avoid the entry of i
1 by statute
(Applicable to all civil cases)
a default for failure to respond in a timely fashion, a i
party responding by a motion to dismiss must serve
Requests x Counsel for each of the parties’ shall confer in the motion on all parties pursuant to Superior Court
or advance 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 37 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
2quest for shall be by telephone or in person. All such motions Post-trial motions pursuant to Mass. R. Civ. P. 50,
aled by a 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
and time of the conference and the names pursuant to Superior Court Rule 9A(b)(2) and, in a
of all
participating parties, or that the conference was not timely manner, must also file with the court a simple
varing 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 opposiny ig Adopted October 6, 2004, effective November 1, 2004,
1699
i)
Preview
id ty Let CY \ J 34 45 0028 COMMONWEALTH OF MASSACHUSETTES ?THES TRIAL. COURT “ SUPERTOR: “COURT DEPARTMENT - ANORTHAMPTON DIVISION CIVIL‘ ACTION: No waSCy 2015-00002-A x »PLANTIFF HAM ips Q vs. ‘MR. ROBERT J. GARVEY JUN | 22 MR. PATRICK J. CAHILLANE AND ALL INVOLVED IN SAID CASE . »DEFENDANT(S) Lobes be MOTION FOR AN ORDER TO RECIEVE COPIES OF RECORD'S (OW COMES THE Plantiff,Jennifer Elizabeth Picknelly Acting Pro'se in the above-Captioned ter and respectfully moves this Honorable Court to Order The Hampshire County Sheriff's Department and House Of Correction's to give or send the platiff copies of her institutional 4, Record's Which at the time was under the name of James Robert Kelly-Weir ID#13681 her mailing Address is 205 Rockyhill rd./Po box 7000,Northampton mass 01060. The plantiff \N Request's the following record's/Files All Protective Custody Admiision: Form's with all Staff's notes Assocated:with it, All Files on Administrati ve Segragation plus all Notes From staff Assocated:with it including Classafacati on Reveiw board meeting's, All Disiplinary Report's and staff Notes Assocated:with it,Enemy List's and their Location's for Housing (to compare to plantiff's to see they were housed together) The Plantiff's Housing Location's and dates ect. All request slip's and incident report's, Al]: P:R.E.A. (Prision,Rape,Elimanation,Act) Report's, investagati on report's/finding's for or against the plantiff. Disiplinary report's on Emmit Harvin only ifiAssocated with the plantiff to compare to see if he was wriiten up for extorting the plantiff, All files/Record's on all inmate's who are L.G.B.T. (who said they were ) and where they were housed upon admission into General population. All notes/files/record's/medical&mentalhealth record's neluding Caseworker's/counsler's/Teacher's/Officer's files/record's notes for the plantiff IR THE FOLLOWING REASON'S: 1. The plantiff want's these files to submit as evidence in her case for trial : Furthermore these record's/Files/Notes will prove plantiff's complaint to be true and Correct. 2. The plantiff want's these files to show the court also how the Defendant(s) : Their facility and how much abuse the plantiff had to endure while she Run in their care and custody: X S feel's that due to reason's stated above that this Honorable Court 3. The plantiff Should grant her motion for an order to receive copies of record's. XY RESPECTFULLY SUBMITTED —RESPECTFULLY-SUBMITTED ‘N Le" a Ptr ‘ER spelt SA — BET! tllAY ZA0 Lh HELLY) PRO‘ (J 'S R. KELLY-WEIR. "SE 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 Q. iMI pR. KELLY-WE PRO" SE a ew COMMONWEALTH OF MASSACHUSETTES THE TRIAL COURT SUPERIOR COURT DEPARTMENT NORTHAMPTON DIVISION CIVIL ACTION DOCKET NO. ----- +--+ HSCV—2015-00002-A. JAMES ROBERT KELLY-WEIR SENNEFER-ELLZABETH PLCENELLY On behalf of herself ,»PLANTLFF HAN. ‘OURT vs. ann Jun 12 CUES MR. ROBERT J. GARVEY MR. PATRICK J. CAHTLLANE te Tia. AND ALL OTHER'S. INVOLVED IN SAID CASE CLbe »DEFENDANT(S) MEMORANDUM IN SUPPORT OF MOTION TO RECIEVE COPIES OF RECORD'S NOW COMES THE Plantiff,Jennifer Elizabeth Picknelly Also Known As James Robert Kelly-Weir Acting Pro'se In the Above-Captioned Matter Respectfully Moves This Honorable Court to Order And/Or Grant the Plantiff's Motion For An Order To Receive Copies of Record's For The FOLLOWING REASON'S: 1. The Plantiff want's to use those Record's as Evidence at Trial on Her Civil Action Complaint Against The Named Defendant(s). 2. The Record's That-The Plantiff-Is kequesting Wili Prove-The -Plantif£" ~ Civil Action Complaint Against the Named Defendant(s). 3. The Plantiff Want's It Known That the Name Jennifer Elizabeth Picknelly is In Fact Her Legal Name And Both Names(James Robert Kelly-Weir) Are Mentioned In Her Motion's And In Her Civil Action Complaint. 4. The Plantiff Feel's That Due To the Reason's Stated Above That This Honorable Court Should Grant Her Motion For An Order To Recieve Copies Of Record's. RESPECTFULLY SUBMITTED et “ ene fes Lhe. bok Mus x JENNIFER ELIZABETH PICKNELLY) - PRO'SE x cc: MY FILE (JAMES? R. KELLY-WEIR) PRO'SE NORTHAMPTON SUPERIOR COURT CHARLES M. MAGUIRE ATTORNEY AT LAW oo 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 R. KELLY: LetPRO'SE IR) ae | Wl DIRECTIVES Admin. Directive. No. 03-1 Rescinded 4 IMENT anties or the APPENDIX OF ADMINISTRATIVE’ DIRECTIVES rective aA istrative: Dired Inmate e goods or 90 Non-Filing of Discovery Materials Civil Cases—Service of Process * [Rescinded]. ithorized), as Inmate Civil Cases—Service of Process. This administrative directive is implemented to ad- ate [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 -for 1, That upon filing, the complaint is entered expe- this writ dministrative Directive No. 90-2. Non- ditiously and appropriate notice is sent. Filing of Discovery Materials 2. That all named parties receive actual notice of as filed on. Cxits in judicial appropriations over the last few the litigation. ‘proved on ‘ars have critically reduced the staff of the Superior mount of wrt Clerks’ offices. Staffing levels now are well 3. That the cases proceed in a timely and cost VIGAN, Es low where they were in 1980 although the volume of effective manner. L, 19. cases entered each year has risen substantially over Accordingly, it is ordered that upon the filing of the 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 of those are currently filled and only 738 have prisoner is indigent but has access to limited’ funds) on 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 } issued pursi Attorney, General. With notification of this action ely docket, store and process the volume of tules of Ci * * * the Clerk is to provide the plaintiff with the jérs entered in the: Clerk’s office on a daily basis to manage sirnultaneously the Court’s civil and appropriate number of blank summonses. It is the 00 business. obligation of the plaintiff to provide the requisite number of copies of the complaint and to complete the riclantiy, 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 on ‘a temporary basis until further notice, the general population of the prison) service may be ies shall serve, but shall not file, the following authorized by regular mail and the Court is to provide » 195 ery 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 Anly discovery agreement or stipulation between ee of motions and responses thereto. Xv parties which does not affect any deadline con- a tracking order entered under Superior When a complaint filed by an inmate requests other wart Standing’ Order 1-88. than money damages, the complaint is to be reviewed VICE by a justice for whatever action he or she deems le provisions of. Mass.R.Civ.P. 5(d)(2) shall apply appropriate. For example, it is in the discretion of ton documents listed above. In addition, if any the justice to decide a request for a preliminary of attachment mn-believes that a particular document of the type injunction upon submissions and not require the pres- lowing mann d:above should be filed in a specific case, that ence of the inmate. ion. may file with the Court an ex parte motion tifying the document in question, stating the This administrative directive is to take effect forth- ‘of the order the person seeks and the grounds with. motion. The motion shall be presented to, and Effective May 1, 1992. by, the Regional Administrative Justice. re December. 8, 1990. Administrative Directive No. 03-1. Superior Court Business Litigation Session Extension and Expanded Venue [RESCINDED] Administrative Directive No. 91-1. [Rescinded] Effective March 3, 2003. Rescinded with the adoption of Administrative Directive No. 09-1, effective January 1 ive July 1, 1991. Rescinded effective October 4, 2010. 2009. 1787 i es GENERAL PROVISIONS Rule 9E i 7 ving hud, ‘gmeParty with the: nt motion, (e) Exceptions. The provisions of this rule shall counsel. Motions unaccompanied by such certificate J; not apply to the following motions: will be denied without prejudice to renew when ac- not receive with th, ] ited by theoj>PPosing: / (1) Eu Parte, Emergency, and Other Motions. A party filing an ex parte motion, emergency motion, companied by the required certificate. y le with the Adopted July 18, 1989, effective October 2, 1989, Amended ibits withou t that | or motion for appointment of a special process October 6, 2004, effective November 1, 2004, Amended June . server is excused from compliance with Paragraphs 15, 2007, effective October 1, 2007. ertification re, | then rest wi quired } (b)(1) and (b)(2) of this rule. Ex parte motions shall ith the 4 be served within 8 days of a ruling on the motion. © any designated | Emergency motions shall be served: on all parties Rule 9D. Motions for Reconsideration 3] forthwith upon filing. PY, upon filing a | + Shall serve ) Mo Ad- (Applicable to all civil cases) Upon ministr civil Motions for reconsideration shall be served and er and elect; ronic excuse, l, the con- 4 actions filed by a plaintiff who is incarcerated, processed consistent with Rule 9A. Such motions facts an id respons. al waives that part of subdivision (b)(2) of. this rule seeking reconsideration of motions made pursuant to ©response ig filed “f° 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 ordance wit Such waiver also shall apply to motions in civil considered made or served for purposes of those rules h this actions where a defendant is incarcerated and ap- on the date of service pursuant to Rule 9A. 30 Serve upon the 3 ing pro se, but only where the incarcerated ii ndix of exhibits, 7 defendant is the moving party. Additionally, the words “MOTION FOR RECON- ts, » filed With the 3 Adopted July 21, 1988, effective October 3, 1988, Amended SIDERATION” shall appear clearly in the title of the Se agree. If the motion, Upon filing, the clerk shall transmit the 4 ing the index, ig July 18, 1989, effective October 2, 1989; December 6,’ 1989, effective January 31, 1990; December 17, 1991, effective motion and supporting papers to the Justice who py shalll alsobe Mareh'l, 1992; December 10, 1993, effective January 1, 1994; decided the original motion. Tf, upon reviewing the agree, February 24, 1998, effective April 1, 1998; October 6, 2004, motion and supporting documents, the Justice who 2e, The coi effective November 1, 2004; January 22, 2009,. effective decided the original motion desires to hold a hearing Cpposition that March 2, 2009; October 24, 2012, effective January 1, 2013; on the motion for reconsideration, he or she may ts of this rule. ae September 24, 2018, effective January 1, 2014. schedule a hearing theréon. Alternatively, he or she may refer the motion for reconsideration to the Re- Pe Rule 9B. Certificates of Service gional Administrative Justice for the Yegion where the tk any motion case is pending. court believes (Applicable to civil cases) to a dispo: The last page of every paper served in accordance Adopted December 6, 1989, effective January 31,” 1990. the time and j= 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 urt which, in I hereby certify that a true copy of the above and Post-Trial Motions 7 requiresa 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) 1g should ‘he party by mail (by hand) on (date). (Signature). Motions to dismiss pursuant to Mass. R. Civ. P, 12 2 noi i Adopted July 18, 1989, effective October 2, 1989. are subject to Rule 9A. Because such motions often ©)(1) hereof, are the initial filing in response to a complaint, coun- > deemed a Rule 9C. Settlement of Discovery Disputes terclaim or cross-claim, in order to avoid the entry of i 1 by statute (Applicable to all civil cases) a default for failure to respond in a timely fashion, a i party responding by a motion to dismiss must serve Requests x Counsel for each of the parties’ shall confer in the motion on all parties pursuant to Superior Court or advance 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 37 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 2quest for shall be by telephone or in person. All such motions Post-trial motions pursuant to Mass. R. Civ. P. 50, aled by a 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 and time of the conference and the names pursuant to Superior Court Rule 9A(b)(2) and, in a of all participating parties, or that the conference was not timely manner, must also file with the court a simple varing 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 opposiny ig Adopted October 6, 2004, effective November 1, 2004, 1699 i)