Rule 78.Motion Day
Effective July 1, 1974 · Last verified June 26, 2026
Full Text of Rule 78
Rule History
Effective date July 1, 1974.
Reporter’s Notes
(1973)
The first paragraph of Rule 78 generalizes what are essentially housekeeping details in Super.Ct.Rules 62, 64 and 66 and includes a provision for flexibility governed by judicial discretion in allowing deviation from the established hearing procedure. This reservation of judicial discretion is similar to Super.Ct.Rule 47. See also, Worster v. Yeaton, 198 Mass. 335, 337, 84 N.E. 461, 462 (1908).
The provision of Rule 78 calling for “brief written statements of reasons in support and opposition” is similar to the requirement of Super.Ct.Rule 46 and S.J.C.Rule 2:30 that matters of fact pertinent to decision on a motion be placed before the court by affidavit or other signed statement.
Plain-English Summary
Rule 78 keeps motion practice moving. The court establishes regular times and places, frequent enough for prompt business, at which motions requiring notice and hearing are heard—though a judge may hear a motion at any time on reasonable notice. To save time, the court may provide for deciding motions without oral hearing, on brief written statements of reasons in support and opposition, and may require briefs in the form and within the time it directs.
Frequently Asked Questions
Are motions always argued orally?
No. Rule 78 lets the court provide for the submission and determination of motions without oral hearing, on brief written statements of reasons in support and opposition.
Can a judge hear a motion outside the regular motion-day schedule?
Yes. Rule 78 lets a judge hear a motion at any time on reasonable notice, so a party is not stuck waiting for the next scheduled motion session in an urgent situation.