SJC issues amendment to Superior Court Rule 9C

Notice of Approval

RULE 9C. SETTLEMENT OF DISCOVERY DISPUTES

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 by the moving party to initiate the conference, setting forth the efforts made to speak by telephone or 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.