How to file a motion to reconsider in Massachusetts Superior Court?

In Massachusetts Superior Court, serve a written motion for reconsideration under Superior Court Rule 9D and process it under Rules 9A and 9C. If the motion claims a particular and demonstrable error in the order denying dismissal, it must be served within 21 days after the order is entered. The rule does not state a specific deadline for reconsideration based on newly discovered evidence or a change in relevant law, but those grounds must satisfy Rule 9D’s requirements. [1]

Requirements and procedure

Rule 9D provides:

“A Motion for Reconsideration shall be based on: (1) newly discovered evidence that could not be discovered through the exercise of due diligence before the original motion was filed; (2) a change of relevant law; or (3) a particular and demonstrable error in the original ruling or decision.” [1]

The motion must:

• Identify the basis in its first paragraph. It may not raise new grounds for relief or merely repeat arguments already made. [1]
• Be titled “MOTION FOR RECONSIDERATION.” The motion and supporting memorandum must be in one document, no longer than 10 pages. [1]
• Be served and processed under Rules 9A and 9C. Rule 9A generally requires serving the motion papers on the other parties before filing the Rule 9A package with the court. [2]
• For an asserted particular and demonstrable error, be served within 21 days of entry of the order. The rule specifies service within 21 days, not merely filing within that period. [1]

For an order denying a motion to dismiss, Rule 9E’s separate notice requirement for motions to dismiss does not apply simply because the underlying ruling concerned a motion to dismiss; Rule 9D governs the reconsideration request. Check any case-specific scheduling or court order as well.