I filed a motion. How long does another party have to file a response?
A party may file and serve a response to a written motion within 7 business days after the motion is filed, see 310 CMR 1.01(11)(a)1 and 1.01(3)(c). If the motion seeks summary decision, a party may file and serve a response within 14 days after the motion is filed, see 310 CMR 1.01(11)(a) and (11)(f). In some circumstances, however, the Presiding Officer can act on a motion without awaiting a response, e.g., if the other parties consent to the relief that the motion seeks, if the motion was not served properly, if the motion is “non-adversarial or routine,” or if the motion is frivolous. See 310 CMR 1.01(11)(a)2. If your motion seeks routine or emergency relief, you should try to get the consent of all of the other parties. If you get their consent, mention this fact in your motion.
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