Motion for Leave to Amend Complaint
(MA)

Summary

This template is a motion to amend the complaint with leave of court for use in Massachusetts Superior Courts under Mass. Super. Ct. R. 9A (Rule 9A) and Mass. R. Civ. P. 15(a). This template includes practical guidance and drafting notes. Rule 15(a) articulates two scenarios under which pleadings may be amended: • Amendment as of right –or– • Amendment with leave of either: o Opposing counsel with written consent –or– o The court See Mass. R. Civ. P. 15(a). This template motion is to be used under the second scenario, when a party seeks to amend the complaint by requesting leave of the court. For information on amendments of right, see Motion to Amend Pleading as of Right (MA). Responding to amended pleadings. Parties responding to an amended pleading shall file their responsive pleading within either the time remaining for response to the original pleading or within 10 days after service of the amended pleading, whichever period is longer, unless the court otherwise orders. Mass. R. Civ. P. 15(a). Making civil motions in Massachusetts Superior Courts. Mass. Super. Ct. R. 9A through 9E governs the filing of all civil motions, including a motion for leave to amend the complaint. The moving party must serve with the motion the following: • Request in the motion for a hearing (if sought) • A separate memorandum containing reasons, with supporting authority, that the motion should be granted • Affidavits or other exhibits evidencing facts on which the motion is based Mass. Super. Ct. R. 9A(a)(1). For templates related to making a motion for leave to amend the complaint, see: • Notice of Motion (MA) • Memorandum in Support of Motion for Leave to Amend Complaint (MA) • Affidavit (MA) • Complaint (MA) The Rule 9A package includes: • Motion papers • Opposition • Reply • Permitted or required appendices • Notice of filing, a separate document listing the title of each document in the Rule 9A package Mass. Super. Ct. R. 9A(b)(2)(i), 9A(b)(2)(iii). For a related template, see Notice of Filing (Superior Court) (MA). You must also include a certificate of service: • Include a certificate of service on the last page of every paper served that contains a brief statement of the following as to each other party: o Date on which service was made o Manner in which service was made • Example: "I hereby certify that a true copy of the above document was served upon (each party appearing pro se and) the attorney of record for each (other) party by mail (by hand) (by electronic mail) on (date). (Signature)." See Mass. Super. Ct. R. 9B. To learn about serving and filing Rule 9A motions, see Filing Civil Motions in Superior Court Checklist (MA). For information on drafting the complaint, see Commencing a Lawsuit: Drafting the Complaint (MA). For more information on making motions in Massachusetts state courts generally, see Motion Practice Resource Kit (MA).