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Ely
Ely, Counselor at Law
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I am responding to a Motion to Dismiss in a civil action in

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I am responding to a Motion to Dismiss in a civil action in superior court in Massachusetts. The Motion was two pages and was accompanied with a seven page memorandum of law in support of the Motion. I am familiar with Rule 9a but was looking for how I should structure my opposition. Should I have an opposition document and then a supporting memorandum to match the memorandum of law. If not how should I structure my response and what should I title the documents? Do specific titles od documents denote specific formats and/or content?
Hello friend. My name is XXXXX XXXXX welcome to JustAnswer. Please note: (1) this is general information only, not legal advice, and, (2) there may be a slight delay between your follow ups and my replies.

I am sorry to hear about your situation.

Should I have an opposition document and then a supporting memorandum to match the memorandum of law.

One does not have to,but may have a memorandum of law in addition to their Response, and often, parties do. The memorandum is normally attached to the response which generally outlines the summary of the opposing argument.

Alternatively, the party may simply file a Response to Movant's Motion to Dismiss and include the entire argument within the motion - it is one's choice.

If not how should I structure my response and what should I title the documents?

IF NOT USING A MEMORANDUM
1. Caption
2. Title - Non-Movant's Response in Opposition to Movant's Motion to Dismiss
3. Facts
4. Argument of Law
5. Prayer
6. Signature

IF USING A MEMORANDUM
1. Caption
2. Title - Non-Movant's Response in Opposition to Movant's Motion to Dismiss
3. Facts
4. Argument of Law (very general, with a statement to see the attached memorandum)
5. Prayer
6. Signature

Attached Memorandum

1. Caption
2. Title - Non-Movant's Memorandum in opposition to Movant's Motion to Dismiss
3. Facts
4. Specific legal argument
5. Signature

The memorandum should comply with Massachusetts Superior Court Rule 9A(5) for format and length.

Do specific titles od documents denote specific formats and/or content?

They do, but only to a point - there is some subjectivity in the titling of motions and documents. As long as one makes their point and is clear, the Court should accept it. The Court has a mandate to entertain any reasonable pleading before it.

I hope this helps and clarifies. Good luck.

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Customer: replied 3 years ago.

Hi, thank you for the great reply. Is there any general criteria you use/recommend in choosing how to structure the opposition response?

T,

Hi, thank you for the great reply.

You are very welcome.

Is there any general criteria you use/recommend in choosing how to structure the opposition response?

Not specifically as this is subjective, but, if may offer the following:

1) Be succinct and not overly-wordy;
2) The following general criteria is good:

(a) list their positions and then (b) attack them; repeat with each claim.

Remember, again, the following:

IF NOT USING A MEMORANDUM
1. Caption
2. Title - Non-Movant's Response in Opposition to Movant's Motion to Dismiss
3. Facts
4. Argument of Law
5. Prayer
6. Signature

IF USING A MEMORANDUM
1. Caption
2. Title - Non-Movant's Response in Opposition to Movant's Motion to Dismiss
3. Facts
4. Argument of Law (very general, with a statement to see the attached memorandum)
5. Prayer
6. Signature

Attached Memorandum

1. Caption
2. Title - Non-Movant's Memorandum in opposition to Movant's Motion to Dismiss
3. Facts
4. Specific legal argument
5. Signature

Gentle Reminder: Please use the REPLY button to keep chatting, or RATE my answer when we are finished.
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