Tips for Practicing in Massachusetts Federal Court: 10 Things to Know When Practicing in the U.S. District Court for the District of Massachusetts

In some ways, the U.S. District Court for the District of Massachusetts (D. Mass.) is just like any other federal court. But there are also some important, local practices that out-of-state practitioners need to know before filing a case in D. Mass. Contact us if you have any questions about practicing in federal court in Massachusetts or are looking for Massachusetts counsel.

      1. Uncommon Filing Deadline: Unlike many courts, the filing deadline in D. Mass. is 6:00 p.m.
      2. District Judge or Magistrate Judge?: Each party must consent in order to proceed before a Magistrate Judge instead of a District Judge. The party initiating the action is responsible for contacting the opposing party and filing a joint notice of consent or refusal. Importantly, you can file the consent to proceed before a Magistrate Judge after being assigned to a District Judge, allowing you to decide whether to proceed before your assigned District Judge or have the case reassigned to a Magistrate Judge (assuming the other parties agree). This is one form of “judge shopping” that is permitted in D. Mass.
      3. Judges Have Their Own Rules, Too: Go to the Court’s website to check if your assigned Judge has any standing orders or unique requirements for litigants. (Click on the name of your judge, and then scroll down to “standing orders.”) For example, Judge Sorokin has five of his own rules for litigating motions for summary judgment.
      4. Meet and Confer Requirement: Under Local Rule 7.1(a)(2), no party can file a motion unless they certify that they have attempted to resolve or narrow the issue with the other side. The meet and confer requirement applies even to dispositive motions. This requirement means that parties need to build in extra time before filing deadlines so that they can reach out to the opposing party and have adequate time to receive a response before filing.
      5. The Motion to Dismiss “Twilight Zone”: The Federal Rules of Civil Procedure give plaintiffs 21 days to amend a complaint after defendants file a responsive pleading (FRCP 15), but the D. Mass. Local Rules provide only 14 days for plaintiffs to oppose a dispositive motion (L.R. 7.1(b)(2)), after which time the Court may dismiss the case with prejudice. This discrepancy effectively truncates plaintiffs’ chance to amend to 14 days. (More on the Twilight Zone here.)
      6. Replies Are Not Guaranteed: A reply brief may be submitted only with leave of the Court. (L.R. 7.1(b)(3)). Check with the opposing party before moving for leave so you can frame the request as “unopposed” where possible. There is no deadline to ask the Court for a reply, but make sure to leave plenty of time before the hearing. Although not required by the rules, the best practice is to attach the proposed reply as an exhibit to the request for leave within 10-14 days after the opposition is filed.
      7. Page Limits: Under Local Rule 7.1(b)(4), memoranda supporting or opposing motions are limited to 20 pages, double-spaced (unless the Court grants leave to extend the page limit).
      8. Request for Oral Argument: Oral argument is not guaranteed. A request for oral argument should appear in a separate paragraph of a motion or opposition, set off with a centered heading reading “REQUEST FOR ORAL ARGUMENT.” (L.R. 7.1(d)).
      9. Joint Statement for Scheduling Conference: The parties must submit a joint statement 7 days prior to the scheduling conference contemplated by FRCP 16 and L.R. 16.1. The joint statement must contain a joint discovery plan, a proposed schedule for motion practice, and a certification that the parties have met and conferred about the costs of litigation and potential avenues for alternative dispute resolution.
      10. Check the Court’s General Orders: The Court’s website has a page for “General Court Orders” that is worth checking before you file anything. The Court frequently issued orders on this page related to video and phone conferencing during COVID-19. Even though the orders are issued less frequently now, you are responsible for knowing about them.