Rule 78.Motion Day

Part IX. Courts and Clerks · Last verified September 4, 2026

In one sentenceRule 78 requires the court to set regular times and places for hearing motions, and lets it decide motions without oral hearing on brief written statements.

Full Text of Rule 78

Text size

The court shall establish regular times and places, at intervals sufficiently frequent for the prompt dispatch of business, at which motions requiring notice and hearing may be heard and disposed of; but a judge at any time or place and on such notice, if any, as he considers reasonable may make orders for the advancement, conduct, and hearing of such motions. To expedite its business, the court may provide by order for the submission and determination of motions without oral hearing upon brief written statements of reasons in support and opposition. The court may require the filing of briefs, in such form and within such time as it may direct. (Identical to Mass.R.Civ.P. 78)

End

Plain-English Summary

Rule 78 is one paragraph, identical to its civil counterpart, and it is about the court's own calendar rather than any party's obligations.

Regular motion sessions

The court shall establish regular times and places, at intervals sufficiently frequent for the prompt dispatch of business, at which motions requiring notice and hearing may be heard and disposed of. The obligation is on the court, and the standard — intervals frequent enough for prompt dispatch — is the only measure the rule gives.

That regularity is not a straitjacket. A judge at any time or place, and on such notice as the judge considers reasonable, may make orders for the advancement, conduct and hearing of motions.

Motions without a hearing

To expedite its business the court may provide by order for the submission and determination of motions without oral hearing, upon brief written statements of reasons in support and opposition. Note that this takes an order — it is not the default. Rule 6(c)'s seven days' notice and proposed-order requirements govern the motion itself.

The court may also require the filing of briefs, in such form and within such time as it directs.

Frequently Asked Questions

Does the court have to hold regular motion sessions?

Rule 78 requires the court to establish regular times and places, at intervals sufficiently frequent for the prompt dispatch of business, at which motions requiring notice and hearing may be heard and disposed of.

Can a motion be decided without a hearing?

Rule 78 allows the court, to expedite its business, to provide by order for the submission and determination of motions without oral hearing, upon brief written statements of reasons in support and opposition.

Can a judge hear a motion outside the regular session?

Yes. Rule 78 provides that a judge at any time or place, and on such notice as the judge considers reasonable, may make orders for the advancement, conduct and hearing of motions.

Can the court require briefs?

Rule 78 allows the court to require the filing of briefs, in such form and within such time as it may direct.

Source & verification. Rule text reproduced verbatim from the Massachusetts Rules of Domestic Relations Procedure as published by the Massachusetts Trial Court Law Libraries, current through amendments effective May 1, 2010. Promulgated by the Supreme Judicial Court of Massachusetts. Last verified September 4, 2026. · Official text

Also known as: motion daymotion sessionhearing motionsmotions without hearingbriefs