Lawyers e-Journal

Thursday, Aug. 2, 2007
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Amendment to Superior Court Rule 9C to go into effect Oct. 1, 2007

At the Superior Court Judicial Conference semi-annual meeting on May 12, the justices approved the implementation of Superior Court Rule 9C relating to “Settlement of Discovery Disputes” (see below).

Originally adopted in 1989, the rule has undergone its latest amendment process in June 2007 and following one last period of comments proceeding, the changes to the rule will be put into effect as of Oct. 1, 2007.

The hope of such an amendment is to increase efficiency within the court systems, as well as improve productivity between the two parties in question.  

RULE 9C.  SETTLEMENT OF DISCOVERY DISPUTES 

(Applicable to all civil cases)

Counsel for each of the parties shall confer in advance of serving any motion under Mass. R. Civ. P. 26 or 37 and make a good faith effort to narrow areas of disagreement to the fullest extent. Counsel for the party who intends to serve the motion shall be responsible for initiating the conference, which conference shall be by telephone or in person. All such motions shall contain a certificate stating that the conference required by this Rule was held, together with the date and time of the conference and the names of all participating parties, or that the conference was not held despite reasonable efforts be the moving party to initiate the conference, setting forth the efforts made to speak by telephone on in person with opposing counsel. Motions unaccompanied by such certificate will be denied without prejudice to renew when accompanied by the required certificate.

Adopted July 18, 1989, effective October 2, 1989. Amended October 6, 2004, effective November 1, 2004. Amended June 15, 2007, effective October 1, 2007.

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