Pamela Koslyn
Pamela Koslyn, Litigation Lawyer - Los Angeles, CA
Posted over 2 years ago.

Thanks, counsel, I stand corrected. MA state court is quite different than CA state court and the other states I've worked in.

David George Thomas
David George Thomas, Litigation Lawyer - Boston, MA
Posted over 2 years ago.

You are entirely welcome and agreed. I've worked in many states too and have not come across one with a procedure like Rule 9A. It is somewhat of an enigma.

Pamela Koslyn
Pamela Koslyn, Litigation Lawyer - Los Angeles, CA
Posted over 2 years ago.

Yes it's weird. Do they think the plaintiff is going to deny getting an opposition or something?

David George Thomas
David George Thomas, Litigation Lawyer - Boston, MA
Posted over 2 years ago.

It is meant to allow the parties to vet the issues at bit more by considering the legal briefs before filing the actual motion with the Court. The rule provides that a party must file the "Rule 9A Package" within 10 days after receiving the opposition unless the party decides to withdraw the motion. At times, counsel have withdraw motions after receiving opposing briefs. That does not happen too often though.

Pamela Koslyn
Pamela Koslyn, Litigation Lawyer - Los Angeles, CA
Posted over 2 years ago.

Oh you mean they serve them on the other side before filing. In CA we do that for sanctions motions, and true, it's rare for anyone to withdraw anything.