Code of Massachusetts Regulations › 804 CMR - MASSACHUSETTS COMMISSION AGAINST DISCRIMINATION › Title 804 CMR 1.00 - Rules of Procedure › Section 1.13 - Motions

Current through Register 1525, July 5, 2024
(1)
Motions in General
. Motions shall be made in writing, state with particularity the grounds therefor, set forth the relief sought, and include a proposed order. Motions shall contain a statement of the reasons, including supporting authorities, why the motion should be granted and may include a request for a hearing. Motions shall contain affidavits and other documents setting forth or evidencing facts on which a motion is based.
(2)
Format and Length for Motions, Oppositions, Replies and Memoranda
. All motions, oppositions, replies, memoranda and other documents, except for exhibits, shall be filed on 8 ½" by 11" paper, when not filed electronically, and be typed in no less than 12-point type and double spaced, provided that the case caption, footnotes and quotations may be single spaced. The title of each document shall appear on the first page thereof. Unless leave of the Commission is provided in advance, all motions, oppositions, and memoranda shall not exceed 20 pages, and any reply or sur-reply shall not exceed ten pages.
(3)
Motions at Public Hearing
. Motions made during the public hearing may be stated orally on the record. The Hearing Commissioner may require oral or written supplementation if deemed necessary.
(4)
Parties Required to Confer Prior to Filing
. When the parties are represented by counsel or counsel for the Commission is prosecuting the matter, prior to any motions being filed, the parties are required to confer in good faith to attempt to reach resolution of the issues raised and relief being sought. The moving party shall be responsible for arranging said conference. Conferences may be conducted by telephone or other electronic means. All motions filed shall contain a certificate affirming compliance with the requirement to confer. Motions unaccompanied by such a certificate may be denied without prejudice to renew when accompanied by the required certificate.
(5)
Procedure for Serving and Filing Motions, Oppositions and Replies
.
(a)
Original Motion
. Where both parties are represented by counsel, the moving party shall first serve a copy of the motion and the other supporting documents on every other party or counsel, including counsel for the Commission who has entered an appearance.
(b)
Opposition to Motions
. A party opposing a motion may serve the moving party with a memorandum in opposition within 14 days of service of the motion. The memorandum in opposition shall include a statement, with any supporting authorities, why the motion should not be allowed. Affidavits and other documents setting forth or evidencing facts on which the opposition is based shall be served with the opposition. Opposing parties shall serve on the moving party an original and a copy of the opposition, and serve a copy on every other party.
(c)
Reply and Sur-reply
. Following receipt of the memorandum in opposition, the moving party may serve a reply within seven days of service, following which any opposing party may serve a sur-reply within seven days of service. Reply and sur-reply memoranda shall be limited to addressing matters raised in the opposition or the reply that were not, and could not have been, addressed previously.
(d)
Filing of Motion Packet
.
1. Upon receipt of the opposition or a sur-reply, if one is made, the moving party shall attach the original opposition and any reply and sur-reply to the original motion and shall file with the Commission the combined documents and a document listing the title of each paper in the motion packet within ten days of service of the opposition or, if a reply was served, within ten days of service deadline for sur-reply, unless the moving party has notified all parties that the motion has been withdrawn within ten days of service of the opposition or sur-reply.
2. If the moving party does not receive an opposition within three business days after expiration of the time permitted for service of an opposition, the moving party shall file the motion with the Commission and include an affidavit reciting compliance with 804 CMR 1.13(5)(a) and no receipt of a timely opposition.
3. The moving party shall give prompt notice of the filing of the motion to all other parties by serving a notice of filing which should include a listing of the title of each paper filed and the date the motion packet is filed with the Commission. Motions, oppositions and replies shall include the attorney's name, address, telephone number and an email address.
(e)
Service
. Motions, oppositions and replies may be served electronically, by U.S. mail or
via
personal service. If a motion, opposition, reply or sur-reply is served by mail, any time period identified in 804 CMR 1.13(5) shall be increased by three days.