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Pursuant to Rule 9a

Boston, MA |
Filed under: Litigation

Plaintiff sends me a motion he will file in court something against me. I send back my answers to plaintiff within 10 days. Plaintiff makes changes to motion.

After changes are made is the plaintiff then required to again send me back motion with those changes or can that plaintiff allowed to file the motion without sending it back to me without me seeing these changes?

1. Did plaintiff have responsibility to send by first class mail according to 9a any changes made before it was filed in the court.without my knowledge?

2. Was I supposed to file the initial correspondences of this motion with the court as well as plaintiff?

3. What is the remedy for this? I received notice from court say it was allowed due to no opposition to motion and an affidavit signed by plaintiff

Attorney Answers 3

Posted

Once they send you a motion and you reply to it, then under rule 9a they should file the motion (and your reply) with the court.

The other party may not revise the motion and submit it with your response. There may be a very small amount of leeway for the correction of a harmless clerical or formatting error, I'm not sure.

The other party may not decline to submit the motion at all without notifying you, since they have forced you to respond to it.

Finally, the other party may DEFINITELY not revise a motion, fail to send it to you, and claim that you did not respond.

You should immediately file an appropriate motion for relief. Do not delay. I strongly suggest you contact an attorney, as Superior Court motion practice can be quite tricky.

Do you want accurate, personalized, legal advice that you can rely on? You will have to hire an attorney, not ask on Avvo. I am not your attorney and am not creating an attorney-client relationship by this post. I am therefore giving only general advice. This advice may not apply to you or your situation; may not take account of all possibilities, and may not match the advice I would give to a client. DO NOT rely on this advice or any other advice on Avvo to make your legal decisions. If you want an answer to a legal question you should retain an attorney who is licensed in your state.

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Edward A. Prisby

Edward A. Prisby

Posted

In addition to the excellent answers above, I would call the session clerk and explain what has happened and that you will be filing a motion for relief, or a motion to strike the moving party's motion, or the offending portions thereof. I doubt the court will look kindly on the Plaintiff's actions.

Posted

Plaintiff is not suppose to make changes to the motion. He can submit it with your opposition or withdraw it. If he wants to submit a new motion, it must comply with Rule 9A. You are not suppose to file with the court. Only the moving party is suppose to file with the court. The only "remedy" is that the court has a person assigned to manage Rule 9A motions. Call the court, find this person, and talk to the person about your issues.

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Posted

Under Rule 9A a party may serve a motion with a supporting memorandum of law. The non-moving party may then serve an opposition. The moving party must then file the whole 9A package with the Court within a specified time or withdraw the motion. The moving party should not make substantive changes to the motion or supporting memorandum. If so, seek relief from the Court to file a supplemental opposition, if necessary. You should also note that a moving party has 5 days to request leave of Court to file a reply brief to your opposition if something in the opposition could not have been addressed in the initial motion or memorandum.

Mr. Thomas is licensed to practice law in Massachusetts. This response is not legal advice and does not create an attorney/client relationship. This response is in the form of legal education and is intended to provide general information about the matter within the question. Often, the question does not include significant and important facts and timelines that, if known, could significantly change the reply. Mr. Thomas strongly advises the questioner to confer with an attorney to make sure he or she gets all relevant information to make informed decisions about the subject matter.

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Asker

Posted

also a "best answer"......

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