TEMPLATE – MASSACHUSETTS STATE COURT
MOTION FOR SUMMARY JUDGMENT PACKAGE
[// GUIDANCE: This package tracks Mass. R. Civ. P. 56, Superior Court Rule 9A (especially 9A(b)(5)), and Standing Order page-limit requirements. It is drafted for the Massachusetts Superior Court; adapt the caption if filing in the District Court, Housing Court, Probate & Family Court, or BMC.]

TABLE OF CONTENTS

1. Caption & Notice of Motion
2. Motion for Summary Judgment
3. Memorandum of Law in Support
4. Statement of Undisputed Material Facts (Rule 9A(b)(5))
5. Affidavit(s) / Exhibits
6. Proposed Order
7. Rule 9A Certificate of Compliance
8. Certificate of Service

1. CAPTION & NOTICE OF MOTION

text
COMMONWEALTH OF MASSACHUSETTS
[COUNTY] SUPERIOR COURT
CIVIL ACTION NO. [DOCKET NO.]

[PLAINTIFF NAME(S)],
Plaintiff[s],

v.

[DEFENDANT NAME(S)],
Defendant[s].
PLAINTIFF’S [or DEFENDANT’S] NOTICE OF MOTION FOR SUMMARY JUDGMENT
[// GUIDANCE: Delete “Notice” if filing a joint motion package under Rule 9A(b)(1)(A) without a hearing.]

PLEASE TAKE NOTICE that, pursuant to Mass. R. Civ. P. 56 and Superior Court Rule 9A, the undersigned will move this Court for the entry of summary judgment in favor of [MOVING PARTY] on [all counts / Count ___] of the [Complaint / Counterclaim].

A hearing is requested.
Date and time to be assigned by the Clerk.

Respectfully submitted,
[NAME OF MOVING PARTY]
By its attorney,

[ATTORNEY NAME, BBO #]
[FIRM NAME]
[ADDRESS]
[PHONE] | [EMAIL]
Date: [DATE]

2. MOTION FOR SUMMARY JUDGMENT

NOW COMES [MOVING PARTY] and, pursuant to Mass. R. Civ. P. 56, hereby moves for summary judgment as to [specify claims/defenses]. As shown in the accompanying Memorandum of Law, Statement of Undisputed Material Facts (“SUMF”), and supporting Affidavit[s] and Exhibits, there is no genuine issue as to any material fact and [MOVING PARTY] is entitled to judgment as a matter of law.

WHEREFORE, [MOVING PARTY] respectfully requests that this Court:

1. Enter judgment in favor of [MOVING PARTY] on [identify counts];
2. Dismiss with prejudice all claims asserted against [MOVING PARTY]; and
3. Grant such further relief as the Court deems just and proper.

3. MEMORANDUM OF LAW IN SUPPORT

[// GUIDANCE: Superior Court page-limit = 20 pages absent leave. Keep arguments concise; use pinpoint record citations that sync with SUMF paragraph numbers.]

I. INTRODUCTION

Briefly state why summary judgment is warranted.

II. PROCEDURAL POSTURE

Identify pleadings, prior motions, and discovery status.

III. UNDISPUTED MATERIAL FACTS

Incorporate by reference SUMF ¶¶1-__.

IV. STANDARD OF REVIEW

Under Mass. R. Civ. P. 56, summary judgment shall be granted if the moving party shows that there is no genuine issue of material fact and it is entitled to judgment as a matter of law. Once the moving party meets this burden, the non-movant must point to specific facts establishing a triable issue.

V. ARGUMENT

A. Claim/Defense #1 – Legal Element 1
1. Cite controlling statute, regulation, or contract provision.
2. Apply undisputed facts (SUMF ¶¶-).

B. Claim/Defense #2 – …

[Add as many sections as necessary.]

VI. CONCLUSION

For the foregoing reasons, the Court should grant [MOVING PARTY]’s Motion for Summary Judgment.

Respectfully submitted,

[Signature block as above]

4. STATEMENT OF UNDISPUTED MATERIAL FACTS

(Pursuant to Mass. Super. Ct. R. 9A(b)(5))

[// GUIDANCE: Each fact must be supported by pinpoint citation to admissible evidence (affidavit, deposition excerpt, document). Number consecutively for easy reference in the Memorandum and any Opposing Statement.]

5. AFFIDAVIT(S) / EXHIBITS

AFFIDAVIT OF [NAME]
I, [NAME], hereby state under the pains and penalties of perjury:

1. I am [title/relationship]…
2. The statements set forth in SUMF ¶¶- are true and based on my personal knowledge.
3. Attached hereto as Exhibit __ is a true and correct copy of […].

Executed on this ___ day of __, 20.

[NAME]

[Attach Exhibits A, B, C, etc., each with a descriptive cover page.]

6. PROPOSED ORDER

text
COMMONWEALTH OF MASSACHUSETTS
[COUNTY] SUPERIOR COURT
CIVIL ACTION NO. [DOCKET NO.]

ORDER ON [PLAINTIFF/DEFENDANT]’S MOTION FOR SUMMARY JUDGMENT

Upon consideration of the Motion for Summary Judgment of [MOVING PARTY], the Memorandum of Law, Statement of Undisputed Material Facts, any opposition thereto, and the entire record, it is hereby ORDERED that:

[ ] The Motion is ALLOWED. Judgment shall enter in favor of [MOVING PARTY] on [all counts / Count ___].
[ ] The Motion is DENIED.

SO ORDERED.

Date: ___ ____
Justice of the Superior Court

7. RULE 9A CERTIFICATE OF COMPLIANCE

I, [ATTORNEY NAME], certify that:

1. I have complied with the service and conference requirements of Superior Court Rule 9A;
2. The foregoing package consists of the Motion, Memorandum, SUMF, supporting Affidavit(s)/Exhibits, and Proposed Order; and
3. The Memorandum of Law contains [##] pages, exclusive of the caption, signature blocks, certificates, and addenda, and therefore complies with the 20-page limit of Superior Court Standing Order 1-17 §2.

[ATTORNEY NAME]
Date: [DATE]

8. CERTIFICATE OF SERVICE

I hereby certify that on this ___ day of __, 20, a true copy of the foregoing Motion for Summary Judgment package was served upon counsel of record via [first-class mail / email by agreement / E-filing system] as follows:

[OPPOSING COUNSEL NAME & ADDRESS]

[ATTORNEY NAME]

OPTIONAL CHECKLIST

[// GUIDANCE: Remove before filing.]
☐ Caption matches exactly the civil docket.
☐ All citations in SUMF link to authenticated exhibits.
☐ Page count ≤ 20 (memo only).
☐ 9A(b)(5) formatting: numbered ¶¶, separate column for record cites.
☐ Affidavits signed and notarized if required.
☐ Proposed Order included in editable form for judge.
☐ Rule 9A Certificate and Certificate of Service signed.

END OF TEMPLATE