Mass. R. App. P. 15

As amended through May 7, 2024
Rule 15 - Motions
(a) Content of Motions; Response; Reply. Unless another form is elsewhere prescribed by these rules, an application for an order or other relief shall be made by filing a motion for such order or relief with proof of service upon all other parties. The motion shall comply with Rule 20(b)(2) and shall contain or be accompanied by any matter required by a specific provision of these rules governing such a motion, shall state with particularity the grounds on which it is based, shall set forth the order or relief sought, and, if known, should state whether the motion is assented to, or that no other party is in opposition, or if any party intends to file an opposition or other response. If a motion is supported by briefs, affidavits, or other documents, they shall be served and filed with the motion. Any party may file a response to a motion other than for a procedural order (for which see Rule 15(b) ) within 7 days after service of the motion, but motions authorized by Rule 6 may be acted upon after reasonable notice, and the appellate court or a single justice may shorten or extend the time for responding to any motion.
(b) Determination of Motions for Procedural Orders. Notwithstanding the provisions of the preceding paragraph as to motions generally, motions for procedural orders, including any motion under Rule 14(b), may be acted upon at any time, without awaiting a response thereto. Any party adversely affected by such action may request reconsideration, vacation, or modification of such action.
(c) Power of a Single Justice to Entertain Motions. In addition to the authority expressly conferred by these rules or by law, a single justice may entertain and may grant or deny any request for relief which under these rules may properly be sought by motion, except that a single justice may not dismiss or otherwise determine an appeal or other proceeding, and except that the appellate court may provide by order or rule that any motion or class of motions shall be acted upon by the appellate court. The action of a single justice may be reviewed by the appellate court.
(d) Motions for New Trial in Capital Cases. After the docketing of an appeal in a "capital case" as defined in G. L. c. 278, § 33E, and until the issuance of a rescript by the appellate court, any motion for a new trial pursuant to Massachusetts Rule of Criminal Procedure 30 shall be filed in the appellate court and may be remitted to the trial judge for hearing and determination at such time as the appellate court may direct.

Mass. R. App. P. 15

Amended May 15, 1979, effective 7/1/1979; amended October 31, 2018, effective 3/1/2019.