January 23, 2020

Protect Your Investment: Think Confer about Rule 9C

Massachusetts Lawyers Weekly
Daniel I. Small | Judge Douglas H. Wilkins

Litigation Attorney Daniel Small co-authored an article with the Honorable Judge Douglas H. Wilkins in Massachusetts Lawyers Weekly as part of a biweekly series. This article discusses the importance of lawyers protecting the investment they make. They recommend that lawyers put themselves in the shoes of their opponent or the court and identify disputes of fact that are likely to arise. This lets them shape the initial motion papers in a way that will not make it easy for the opposition to identify a fatal dispute of fact. Superior Court Rule 9C makes this process easier by requiring the moving party to confer with the opponent to discuss “whether the moving party should refrain from making any motion qualifying for decision without a hearing under Superior Court Rule 9A(b)(vi) and make a good faith effort to narrow areas of disagreement that may be resolved through amendment of the pleading, a stipulated dismissal of specified claims or parties, or otherwise.”

READProtect Your Investment: Think Confer about Rule 9C

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