How much notice must a Massachusetts summary judgment motion give before the hearing?

At least 10 calendar days before the date fixed for the hearing, computed under Mass. R. Civ. P. 6(a) (Mass. R. Civ. P. 56(c)). Service by mail, email, or other electronic means adds 3 more calendar days under Superior Court Rule 9A(b)(3) and Mass. R. Civ. P. 6(d).

I was served with a Massachusetts summary judgment motion. When is my opposition due?

In Superior Court, you must serve your opposition on the moving party within 21 calendar days after service of the Motion Papers, plus 3 calendar days if you were served by mail, email, or other electronic means (Rule 9A(b)(3); Mass. R. Civ. P. 6(d)), running forward from the date of service rather than backward from any hearing date. Your opposition must include a Response to the moving party's Statement of Facts that reprints each numbered paragraph and answers it directly below, or that fact is deemed admitted (Superior Court Rule 9A(b)(5)(iii), (iii)(A)).

What happens after I file my opposition to a Massachusetts summary judgment motion?

The moving party has 10 calendar days after service of your opposition to either file the Rule 9A Package with the court or notify the parties that the motion is withdrawn. Any reply, limited to new matters raised in the opposition and capped at 5 pages, is prepared within that same window (Superior Court Rule 9A(b)(2)(ii), (a)(3)).

Did the Massachusetts summary judgment rule change recently?

The standard in Rule 56(c) has kept its original 1973 wording, touched only by a 2002 housekeeping edit that made no change in practice. What actually governs the timing, Superior Court Rule 9A, was amended effective September 15, 2025.

What papers must accompany a Massachusetts summary judgment motion?

The Motion Papers (the motion, a supporting memorandum, and affidavits or exhibits), and a separately captioned Statement of Facts in consecutively numbered paragraphs with citations to the record, capped at 20 pages; omitting the Statement of Facts is itself grounds for denial (Superior Court Rule 9A(b)(5)(i)).

Is there a deadline for filing a Massachusetts summary judgment motion before trial?

Rule 56 sets no cutoff tied to trial. Instead, the Superior Court's case-tracking Standing Order 1-88 sets deadlines for serving and filing the motion based on the age of the case and its track, subject to a judge's individual tracking order. Check the current version of the order for the deadlines that apply to your case.

Can I get partial summary judgment in Massachusetts?

Yes. Rule 56(c)-(d) allows a summary judgment, interlocutory in character, on the issue of liability alone even though a genuine issue remains as to the amount of damages, leaving damages for trial.

Is a Massachusetts summary judgment motion the same as a motion to dismiss or a request to set aside a default?

No. A motion to dismiss and a motion to set aside a default are separate procedures with their own timing rules. This page also covers Massachusetts Superior Court practice only, not summary judgment motions filed in federal court, which follows Federal Rule of Civil Procedure 56.

Massachusetts Motion for Summary Judgment

Q: If I do not oppose a Massachusetts summary judgment motion, is it automatically granted?

No. The court must still find there is no genuine issue as to any material fact and that the moving party is entitled to judgment as a matter of law before granting it (Mass. R. Civ. P. 56(c)). A hearing is held only if a party requests one, and failing to request a hearing is deemed a waiver (Superior Court Rule 9A(c), (b)(5)(vi)). But not responding is risky: if you do not serve an opposition, the moving party files an affidavit reciting that no opposition was received, and any fact in its Statement of Facts still stands unrebutted.

Massachusetts Rule of Civil Procedure 56(c) requires 10 calendar days notice before the hearing, but Superior Court Rule 9A, amended effective September 15, 2025, sets the real clock: an opposition due 21 calendar days after service of the motion (3 more for mail or electronic service) and a 10-day window for the moving party to file the Rule 9A Package or withdraw.

Find out where you stand in Massachusetts

Which side of the motion are you on?

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Introduction

In Massachusetts Superior Court, a motion for summary judgment must be served at least 10 calendar days before the date fixed for the hearing, computed under Mass. R. Civ. P. 6(a) and Rule 56(c); service by mail, email, or other electronic means adds 3 more calendar days under Superior Court Rule 9A(b)(3) and Mass. R. Civ. P. 6(d). That bare 10-day figure in Rule 56(c) is not the deadline that governs opposing the motion. Instead, Superior Court Rule 9A requires any party opposing the motion to serve its opposition on the moving party within 21 calendar days after service of the Motion Papers, plus 3 calendar days if the motion was served by mail, email, or other electronic means (Superior Court Rule 9A(b)(3); Mass. R. Civ. P. 6(d)), running forward from service rather than backward from the hearing date (Superior Court Rule 9A(b)(5)(iii)). The moving party then has 10 calendar days after service of the opposition to either file the Rule 9A Package with the court or notify the parties that the motion is withdrawn (Superior Court Rule 9A(b)(2)(ii)); if no opposition arrives, the moving party must instead file the Motion Papers with an affidavit reciting compliance and receipt of no opposition within 3 business days after the 21-day opposition period expires. Rule 56 itself sets no statewide filing cutoff tied to a trial date. Instead, the Superior Court's mandatory case-tracking Standing Order 1-88 ties the outer limit to the age of the case and the case's track, subject to a judge's individual tracking order; check the current version of the order for the deadlines that apply to your case. The underlying standard has barely moved: summary judgment is proper only if there is no genuine issue as to any material fact and the moving party is entitled to a judgment as a matter of law, wording Rule 56(c) has carried since 1973 and touched only once, in 2002, by a housekeeping edit that made no change in practice. Superior Court Rule 9A, which supplies the timing, was most recently amended effective September 15, 2025. Required papers include the Motion Papers (the motion, a supporting memorandum, and affidavits or exhibits), a separately captioned Statement of Facts in numbered paragraphs with citations to the record, capped at 20 pages, whose omission is itself grounds for denial (Superior Court Rule 9A(b)(5)(i)); the opposing party must serve on the moving party an opposition memorandum together with a Response to the Statement of Facts that reprints each numbered paragraph and answers it directly below, since any fact left unrebutted in that format is deemed admitted (Superior Court Rule 9A(b)(5)(iii)(A)); and a reply, capped at 5 pages and limited to new matters, is folded into a Consolidated Statement of Facts and Joint Appendix that both sides assemble together and file as the Rule 9A Package (Superior Court Rule 9A(a)(3), (b)(5)(iv)-(v)). Massachusetts has no separate Texas-style no-evidence motion; the same burden-shifting is built into Rule 56(e) itself, which says an adverse party may not rest on the mere allegations or denials of its pleading once the motion is properly made and supported. Partial summary judgment on liability alone, leaving only damages for trial, is available directly under Rule 56(c)-(d). A hearing is not automatic: it is held only if requested, and while such a request ordinarily will be allowed, failing to request a hearing is deemed a waiver (Superior Court Rule 9A(c)). Certain motions, such as successive motions, motions with an obvious genuine dispute, or partial motions that would save little or no trial time, may be denied on the papers without a hearing, but Rule 9A(b)(5)(vi) says a motion shall not be granted without a hearing unless the hearing is waived. Summary judgment is technical and is lost on procedure, such as a missing or poorly formatted Statement of Facts, as often as on the merits, and an unopposed motion is not automatically granted; the court must still find no genuine issue of material fact and that the moving party is entitled to judgment as a matter of law before ruling. Attorney review is available before filing or responding. A motion to dismiss and a motion to set aside a default are different procedures, covered on DocDraft's separate pages for those topics. This page covers Massachusetts Superior Court civil practice only; summary judgment in federal court follows Federal Rule of Civil Procedure 56 and is outside its scope.

Key Things to Know

1
A Massachusetts summary judgment motion must be served at least 10 calendar days before the hearing (Mass. R. Civ. P. 56(c)), but the opposition is due 21 calendar days after service of the motion under Superior Court Rule 9A, plus 3 calendar days if served by mail or electronic means (Rule 9A(b)(3); Mass. R. Civ. P. 6(d)), running forward from service rather than backward from the hearing date (Superior Court Rule 9A(b)(5)(iii)).
2
If you were served with a Massachusetts summary judgment motion, your opposition must include a Response to the Statement of Facts that reprints each numbered paragraph and answers it directly below; any fact you do not properly rebut in that format is deemed admitted (Superior Court Rule 9A(b)(5)(iii)(A)).
3
An unopposed Massachusetts summary judgment motion is not automatically granted. The court must still find no genuine issue as to any material fact and that the moving party is entitled to judgment as a matter of law (Mass. R. Civ. P. 56(c)). A hearing is held only if a party requests one, and failing to request a hearing is deemed a waiver (Superior Court Rule 9A(c), (b)(5)(vi)).
4
Rule 56(c)'s standard has carried its original 1973 wording, touched only by a 2002 housekeeping edit that made no change in practice. The timing rule that actually governs the motion, Superior Court Rule 9A, was amended effective September 15, 2025.
5
Required papers are the Motion Papers, a separately captioned Statement of Facts in numbered paragraphs with record citations and a 20-page cap, an opposition memorandum with a paragraph-by-paragraph Response to the Statement of Facts, and a Reply capped at 5 pages folded into a Consolidated Statement of Facts and Joint Appendix filed as the Rule 9A Package (Superior Court Rule 9A(a)(3), (b)(5)(i), (iv)-(v)).
6
There is no statewide filing cutoff tied to a trial date. Instead, the Superior Court's case-tracking Standing Order 1-88 sets deadlines, based on the age of the case and its track, for serving and filing the motion, and a judge may set different deadlines by individual tracking order. Check the current version of the order.
7
Massachusetts has no separate no-evidence motion; the same burden-shifting is built into Rule 56(e). Partial summary judgment on liability alone is available under Rule 56(c)-(d). A motion to dismiss, a motion to set aside a default, and federal court practice are different procedures not covered on this page.

Key decisions before you file

Before you file a Motion for Summary Judgment in Massachusetts, a few decisions shape the document: which option to choose and what each one means. The Motion for Summary Judgment guide walks through them.

Open the Motion for Summary Judgment guide

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COMMONWEALTH OF MASSACHUSETTS

[COUNTY], ss. SUPERIOR COURT CIVIL ACTION NO. [CASE NUMBER]

[PLAINTIFF NAME], Plaintiff,

[DEFENDANT NAME], Defendant.

NOTICE OF MOTION FOR SUMMARY JUDGMENT [IF APPLICABLE: ON THE ISSUE OF LIABILITY]

TO ALL PARTIES AND THEIR ATTORNEYS OF RECORD:

PLEASE TAKE NOTICE that [MOVING PARTY NAME] will move this Court, at a hearing to be scheduled by the session clerk under Superior Court Rule 9A(c), for an order granting summary judgment in favor of [MOVING PARTY NAME] and against [OPPOSING PARTY NAME] on the ground that there is no genuine issue as to any material fact and that [MOVING PARTY NAME] is entitled to a judgment as a matter of law, under Mass. R. Civ. P. 56(c). [IF APPLICABLE: In the alternative, [MOVING PARTY NAME] moves for summary judgment on the issue of liability alone under Mass. R. Civ. P. 56(c), leaving the amount of damages for trial.] Any hearing shall be held no sooner than 10 calendar days after service of this motion (plus 3 days if served by mail or electronically), as required by Mass. R. Civ. P. 56(c) and 6(d).

This motion is based on this Notice, the accompanying Statement of Facts, the Memorandum of Law, and the affidavits and exhibits filed with this motion.

STATEMENT OF MATERIAL FACTS

As required by Superior Court Rule 9A(b)(5)(i), the moving party's Statement of Facts is filed as a separately captioned document, not exceeding 20 pages, setting forth in consecutively numbered paragraphs each fact as to which [MOVING PARTY NAME] contends there is no genuine issue, with a citation to the page and paragraph of the supporting record for each fact.

MEMORANDUM OF LAW

I. INTRODUCTION [SUMMARY OF THE ACTION AND THE GROUNDS FOR THE MOTION]

II. STATEMENT OF UNDISPUTED MATERIAL FACTS [SUMMARY OF THE UNDISPUTED FACTS, WITH REFERENCE TO THE STATEMENT OF FACTS AND SUPPORTING RECORD]

III. LEGAL STANDARD Summary judgment shall be granted if there is no genuine issue as to any material fact and the moving party is entitled to a judgment as a matter of law. Mass. R. Civ. P. 56(c). Once the motion is made and supported as provided in this rule, an adverse party may not rest upon the mere allegations or denials of its pleading. Mass. R. Civ. P. 56(e).

IV. ARGUMENT [APPLICATION OF THE STANDARD TO THE UNDISPUTED FACTS, ELEMENT BY ELEMENT]

V. CONCLUSION For the foregoing reasons, [MOVING PARTY NAME] respectfully requests that the Court grant this motion and enter judgment in favor of [MOVING PARTY NAME] and against [OPPOSING PARTY NAME] [IF APPLICABLE: on the issue of liability, with the amount of damages to be determined at trial].

Respectfully submitted, [MOVING PARTY NAME] By [MOVING PARTY NAME]'s attorney,

[SIGNATURE] [NAME OF ATTORNEY OR PARTY] [ADDRESS] [CITY, STATE ZIP] [PHONE] [EMAIL] [BBO NUMBER, IF AN ATTORNEY]

CERTIFICATE OF SERVICE

I certify that on [DATE OF SERVICE], a true and correct copy of this Notice of Motion, Statement of Facts, Memorandum of Law, and supporting affidavits and exhibits was served on [NAME OF EACH OTHER PARTY OR COUNSEL OF RECORD] by [METHOD OF SERVICE]. Any opposition to this motion is due within 21 calendar days after this date of service, plus 3 additional calendar days if served by mail, email, or other electronic means, under Superior Court Rule 9A(b)(5)(iii), (b)(3) and Mass. R. Civ. P. 6(d).

[SIGNATURE] [NAME]

Massachusetts Requirements for Motion for Summary Judgment

10-Day Notice Before the Hearing
The motion must be served at least 10 calendar days before the date fixed for the hearing, computed under Mass. R. Civ. P. 6(a), with 3 more calendar days added for service by mail, email, or other electronic means (Mass. R. Civ. P. 56(c); Superior Court Rule 9A(b)(3)).
21-Day Opposition Deadline Runs Forward From Service
Any party opposing the motion must serve its opposition on the moving party within 21 calendar days after service of the Motion Papers, plus 3 calendar days for service by mail or electronic means, counted forward from service rather than backward from the hearing date (Superior Court Rule 9A(b)(5)(iii), (b)(3)).
10-Day Package-Filing Window After Opposition
Within 10 calendar days of service of the opposition, the moving party must either file the Rule 9A Package with the court or notify all parties that the motion is withdrawn (Superior Court Rule 9A(b)(2)(ii)).
3-Business-Day Deadline to File Proof of No Opposition
If no opposition is served, the moving party must file the Motion Papers with the clerk together with an affidavit reciting compliance with Rule 9A and receipt of no opposition, within 3 business days after the 21-day opposition period expires (Superior Court Rule 9A(b)(2)(ii)).
Hearing Not Automatic; May Not Be Granted Without One Unless Waived
A hearing occurs only if requested, and failing to request one is deemed a waiver. A request on a summary judgment motion will ordinarily be allowed. Certain motions, such as successive motions or partial motions that would save little or no trial time, may be denied on the papers, but none shall be granted without a hearing unless the hearing is waived (Superior Court Rule 9A(c)(3), (b)(5)(vi)).
Statement of Facts Required; Unrebutted Facts Deemed Admitted
The moving party must file a separately captioned Statement of Facts in numbered paragraphs with record citations, capped at 20 pages; each fact is deemed admitted unless the opposing party rebuts it paragraph by paragraph in its Response (Superior Court Rule 9A(b)(5)(i), (iii)(A)).
Consolidated Statement of Facts and Joint Appendix Filed as the Rule 9A Package
The parties assemble a Consolidated Statement of Facts and a Joint Appendix of exhibits and file them together with the Reply, capped at 5 pages, as the Rule 9A Package (Superior Court Rule 9A(a)(3), (b)(5)(iv)-(v)).
Case-Tracking Filing Cutoffs Under Standing Order 1-88
Instead of a trial-date cutoff, the Superior Court's Standing Order 1-88 sets deadlines for serving and filing the motion based on the age of the case and its track, subject to a judge's individual tracking order; check the current version of the order.
Partial Summary Judgment on Liability Alone
A summary judgment, interlocutory in character, may be rendered on the issue of liability alone even though a genuine issue remains as to the amount of damages, without a separate motion type (Mass. R. Civ. P. 56(c)-(d)).

Find out where you stand in Massachusetts

Introduction

Key Things to Know

Key decisions before you file

Customize your Motion for Summary Judgment Template with DocDraft

Massachusetts Requirements for Motion for Summary Judgment

10-Day Notice Before the Hearing

21-Day Opposition Deadline Runs Forward From Service

10-Day Package-Filing Window After Opposition

3-Business-Day Deadline to File Proof of No Opposition

Hearing Not Automatic; May Not Be Granted Without One Unless Waived

Statement of Facts Required; Unrebutted Facts Deemed Admitted

Consolidated Statement of Facts and Joint Appendix Filed as the Rule 9A Package

Case-Tracking Filing Cutoffs Under Standing Order 1-88

Partial Summary Judgment on Liability Alone

Frequently Asked Questions