Motion for a Short Order of Notice
(MA)

Summary

This template, a motion for a short order of notice, is for use in a civil case in Massachusetts Superior Court to obtain an expedited hearing in lieu of seeking an ex parte order. The template includes practical guidance, drafting notes, and an optional clause. Parties generally have two ways to pursue a motion: ex parte or on notice. Ex parte: The Massachusetts Rules of Civil Procedure authorize parties to take certain actions ex parte—without notice to the opposing party—and for the court to issue orders without such notice. These include: • Motions for temporary restraining orders (Mass. R. Civ. P. 65(a)) • Motions for attachment (Mass. R. Civ. P. 4.1(f)) –and– • Motions for approval of trustee process (Mass. R. Civ. P. 4.2(g)) After the court issues an ex parte order, the rules require it to schedule a hearing with notice to the other parties or allow the opposing party to move to dissolve the order. Mass. R. Civ. P. 65(a); Mass. R. Civ. P. 4.1(g); Mass. R. Civ. P. 4.2(h). These rules contemplate a two-step process: (1) A party seeks an order ex parte. (2) The court holds a hearing with all parties present, to determine whether it should: a) Continue an order issued ex parte –or– b) Grant one for the first time if it declined to enter an ex parte order in the first instance In certain circumstances, you want to skip the first ex parte step but still get a court order quickly, without a long delay after the opposing party gets notice. You may believe, for example, that the court is unlikely to grant you the relief you seek without a hearing. In such a case, it is more efficient to go straight to a hearing with notice. A party generally may not schedule a hearing on a motion in Massachusetts Superior Court—only the court may do so. Mass. Super. Ct. Rule 9A(c). Motions on notice: Mass. Super. Ct. Rule 9A prescribes the regular method for serving and responding to motions, which is a drawn-out procedure that generally results in a long delay between the time you serve the motion and the time of the hearing. Short order of notice: A motion for short order of notice allows you to bypass the processes for ex parte and on notice motions and instead obtain a speedy hearing. The rules do not expressly provide for motions for a short order of notice. Rather, they are a matter of common practice. When you file a motion for a short order of notice, you will need to do the following: • File the motion along with the associated pleadings—such as a complaint and underlying motion—in person. • Walk your motion through the process of allowance and be sure the hearing is scheduled as you request. o You should remain at the courthouse until the clerk or a judge: ▪ Indicates that the motion for a short order of notice is allowed –and– ▪ Confirms the hearing date and time for the underlying motion o This will involve talking to the clerk in the courtroom where the judge deciding the motion is sitting. o The clerk may: ▪ Indicate that you need to appear before the judge –or– ▪ Tell you that the court is allowing the motion without such an appearance • If you are filing the motion before service of process—as will typically be the case—you will: o Need to serve the notice of hearing and other documents in accordance with the requirements of Mass. R. Civ. P. 4 o Probably want to accompany the motion for a short order of notice with an ex parte motion for appointment of a special process server Confirm with the clerk the time for the hearing—it is usually 2 p.m. Once the motion is allowed, you will need to prepare a notice of the hearing and arrange to serve it, along with the other relevant documents, on the opposing party. For more about motions generally, see Motion Practice: Making and Opposing a Motion (MA). For information about seeking pretrial injunctive relief see Pretrial Injunctive Relief: Seeking a Temporary Restraining Order (TRO) or Preliminary Injunction (MA).