Massachusetts Motion Requesting Additional Time to Respond to Motion for Summary Judgment with Notice of Motion

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Multi-State
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US-00919BG
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Word; 
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This form is a generic motion requesting additional time to respond to a motion for summary judgment.

Title: Understanding the Massachusetts Motion Requesting Additional Time to Respond to Motion for Summary Judgment with Notice of Motion Keywords: Massachusetts Motion Requesting Additional Time, Respond to Motion for Summary Judgment, Notice of Motion, types, detailed description Introduction: In the legal proceedings of Massachusetts, a Motion Requesting Additional Time to Respond to Motion for Summary Judgment with Notice of Motion plays a significant role. This motion allows parties involved in a case to request an extension of time to respond to a Motion for Summary Judgment, ensuring fair and adequate time for preparation and submission of their response. This article will provide a detailed description of this motion, its importance, and notable types that may be encountered. I. Definition and Purpose: The Motion Requesting Additional Time to Respond to Motion for Summary Judgment with Notice of Motion is a legal document submitted to a court by one of the parties involved in a case. It serves as a request for an extension of the deadline to respond to a Motion for Summary Judgment. The motion aims to ensure that all parties are given a reasonable opportunity and sufficient time to thoroughly review the motion and gather supporting evidence before presenting their response. II. Importance: 1. Equal Opportunity: Granting additional time through this motion promotes fairness and equality in the legal process. Allowing parties to adequately prepare their responses enables a more thorough examination of issues, ensuring a just outcome. 2. Comprehensive Analysis: The extended time allows parties to explore legal arguments, research relevant case laws, and gather additional evidence, contributing to a more informed and nuanced response. 3. Procedural Integrity: By granting reasonable extensions, the court signals its commitment to upholding due process and affording all parties involved a fair opportunity to present their case. III. Types of Massachusetts Motion Requesting Additional Time to Respond: 1. Unopposed Motion: In situations where all parties mutually agree on the need for an extension, an unopposed motion can be filed. This motion informs the court of the request for additional time, while indicating the consensus among the involved parties. 2. Contested Motion: If one party opposes the request for an extension, a contested motion can be filed. This motion outlines the reasons for the extension and presents arguments justifying the need for additional time, even if there is disagreement among the parties involved. Conclusion: The Massachusetts Motion Requesting Additional Time to Respond to Motion for Summary Judgment with Notice of Motion is a crucial tool in ensuring fairness and due process in legal proceedings. It allows parties to request an extension in order to adequately prepare their responses and present a comprehensive analysis before the court. Understanding this motion's purpose, importance, and various types can assist legal practitioners in navigating the process effectively.

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Rule 41(b)(2) provides for involuntary dismissal upon motion of the defendant on one of two grounds: (1) failure to comply with the rules or any order of the court; or (2) in an action tried without a jury, if, upon the facts and the law, the plaintiff has shown no right to relief.

Under Rule 12(f), as under existing federal practice, a motion to strike an insufficient defense searches the pleadings; in hearing such a motion, the court may properly dismiss the complaint for failure to state a claim upon which relief can be granted, just as though the defendant had been the moving party under Rule ...

Every judgment shall be set forth on a separate document. A judgment is effective only when so set forth and when entered as provided in Rule 79(a). Entry of the judgment shall not be delayed for the taxing of costs. Attorneys shall submit forms of judgment upon direction of the court.

If a motion for summary judgment is filed before a responsive pleading is due from a party affected by the motion, the time for responding to the motion is 21 days after the responsive pleading is due.

(i) Time for service of opposition All Oppositions must be served no later than 10 days after service of the Motion Papers.

Massachusetts Superior Court Rule 9C: Settlement of Discovery Disputes. Counsel for each of the parties shall confer in advance of serving any motion under Mass.

The court shall grant summary judgment if the movant shows that there is no genuine dispute as to any material fact and the movant is entitled to judgment as a matter of law. The court should state on the record the reasons for granting or denying the motion.

No later than 28 days after the entry of judgment, the court, on its own, may order a new trial for any reason that would justify granting one on a party's motion. After giving the parties notice and an opportunity to be heard, the court may grant a timely motion for a new trial for a reason not stated in the motion.

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A motion for summary judgment must be accompanied by a statement of the material facts as to which the moving party contends there is no genuine issue to be ... May 1, 2002 — The motion shall be served at least 10 days before the time fixed for the hearing. The adverse party prior to the day of hearing may serve ...A moving party shall serve with the motion for summary judgment a separate memorandum stating the reasons, including supporting authorities, why the motion ... Any party opposing a motion for summary judgment shall file and serve no later than three (3) days before the time fixed for the hearing, unless the court, ... Jun 18, 2020 — Rule 9A(b)(5)(iii)(B) specifically recognizes the right to propose additional facts if there is a cross-motion for summary judgment. For another ... A Motion for Summary Judgment can be filed by any party in a lawsuit (defendant or plaintiff) who wants the Court to enter a final judgment on all or some of ... Submission of Motion and Opposition to Motion. (1). Submission of Motion. A party filing a motion shall at the same time file a memorandum of reasons ... Apr 1, 2020 — They may not submit a separate statement of additional facts, except in support of a cross-motion for summary judgment. (C) Service of response ... 1) The Defendant may ask the Plaintiff to agree to the extension. If the Plaintiff agrees, the parties (Plaintiff and Defendant) should write their ... If a Motion to Dismiss is submitted and denied, an Answer must be filed within 30 days after the date on the Notice of the Decision finally denying the motion; ...

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Massachusetts Motion Requesting Additional Time to Respond to Motion for Summary Judgment with Notice of Motion