(2) Motions in General.

1. (a) Content. Motions shall be made in writing, state with particularity the grounds therefor, set forth the relief sought, and may include a proposed order. Motions shall contain a statement of the reasons, including supporting authorities, why the motion should be granted and may include a request for a hearing. Motions may contain affidavits and other documents setting forth or evidencing facts on which a motion is based.
2. (b) Filing. All motions filed at the Commission shall be managed and processed by the Clerk's Office.
3. (c) Format and Length for Motions, Oppositions, Replies, Sur-replies, and Memoranda. All motions, oppositions, replies, sur-replies, memoranda and other documents, except for exhibits, shall be filed on 8 ½" by 11" paper, when not filed electronically, be typed in no less than 12-point type, and be double spaced, provided that the case caption, footnotes and quotations may be single spaced. The margins shall be at least one inch. The title of each document shall appear on the first page thereof. Unless leave of the Commission is provided in advance, all motions, oppositions, and memoranda shall not exceed 20 pages, and any reply or sur reply shall not exceed ten pages.
4. (d) Sanctions for Noncompliance. The Commission need not act on any motion that fails to comply with the requirements of 804 CMR 1.13.

(3) Pre-probable Cause Motions.

1. (a) Recognized Motions. As required by 804 CMR 1.13(1), parties and representatives shall make specific requests recognized by 804 CMR 1.00 using the MCAD Case Portal in lieu of motion practice. Pre-probable cause motions recognized by the Commission are limited to those enumerated herein, and are required where recognized. The following motions may be filed pre-probable cause:

   1. 1. Motion for a More Definite Statement;
   2. 2. Motion for Substitution, Joinder, or Amendment of Parties;
   3. 3. Motion to Amend Complaint; or

   4. 4. Motion to Dismiss. Pre-probable cause motions to dismiss may be filed in lieu of the position statement or after a position statement has been filed. Grounds for a pre-probable cause motion to dismiss are limited to showing that:

      1. a. Claims are filed in court or are being investigated by another forum;
      2. b. Claims or respondents are outside of the jurisdiction of the Commission;
      3. c. Claims are precluded, or moot for any reason including settlement; or
      4. d. Claims are untimely filed.
2. (b) Procedure for Filing Pre-probable Cause Motions, Oppositions, Replies, and Sur-replies. All pre-probable cause motions, oppositions, replies, and sur-replies shall be filed independently in the MCAD Case Portal and are subject to the service rules within 804 CMR 1.16(3). A party opposing a motion may file an opposition to the motion within 14 days of service of the motion. The memorandum in opposition shall include a statement, with any supporting authorities, why the motion should not be allowed. Affidavits and other documents setting forth or evidencing facts on which the opposition is based shall be served with the opposition. The moving party may serve a reply within seven days of service of the opposition, following which any opposing party may serve a sur-reply within seven days of service of the reply. Reply and sur-reply memoranda shall be limited to addressing matters raised in the opposition or the reply that were not, and could not have been, addressed previously.
3. (c) Motion Conferences. In the event the Commission determines that a conference is necessary or shall aid in the disposition of a pre-probable cause motion, the Commission may order the parties to appear to answer questions and present oral argument in support of their respective positions.

(4) Post-probable Cause Motions.

1. (a) Parties Required to Confer Prior to Filing. Prior to any post-probable cause motion being filed, the parties are required to confer in good faith to attempt to reach resolution of the issues raised and relief being sought. The moving party shall be responsible for arranging said conference. Conferences may be conducted by telephone or other electronic means. All motions filed shall contain a certificate affirming compliance with the requirement to confer. Motions unaccompanied by such a certificate may be denied without prejudice to renew when accompanied by the required certificate.

2. (b) Procedure for Serving and Filing Post-probable Cause Motions, Oppositions, Replies, and Sur-replies.

   1. 1. Original Motion. The moving party shall first serve a copy of the motion and the other supporting documents on every other party or counsel.
   2. 2. Opposition to Motions. A party opposing a motion may serve the moving party with a memorandum in opposition within 14 days of service of the motion. The memorandum in opposition shall include a statement, with any supporting authorities, why the motion should not be allowed. Affidavits and other documents setting forth or evidencing facts on which the opposition is based shall be served with the opposition. Opposing parties shall serve on the moving party an original and a copy of the opposition, and serve a copy on every other party.
   3. 3. Reply and Sur-reply. Following receipt of the memorandum in opposition, the moving party may serve a reply within seven days of service, following which any opposing party may serve a sur-reply within seven days of service. Reply and sur-reply memoranda shall be limited to addressing matters raised in the opposition or the reply that were not, and could not have been, addressed previously.

   4. 4. Filing of Motion Packet through the MCAD Case Portal.

      1. a. Upon receipt of the opposition or a sur-reply, if one is made, the moving party shall attach the original opposition and any reply and sur reply to the original motion and shall file with the Commission through the MCAD Case Portal the combined documents and a document listing the title of each paper in the motion packet within ten days of service of the opposition or, if a reply was served, within ten days of service deadline for sur-reply, unless the moving party has notified all parties that the motion has been withdrawn within ten days of service of the opposition or sur-reply.
      2. b. If the moving party does not receive an opposition within three business days after expiration of the time permitted for service of an opposition, the moving party shall file the motion with the Commission and include an affidavit reciting compliance with 804 CMR 1.13(4)(a) and no receipt of a timely opposition.
      3. c. The moving party shall give prompt notice of the filing of the motion to all other parties by serving a notice of filing which should include a listing of the title of each paper filed and the date the motion packet is filed with the Commission. Motions, oppositions, replies, and sur-replies shall include attorney signatures in compliance with 804 CMR 1.15(9).
   5. 5. Service. Motions, oppositions, replies, and sur-replies may be served electronically, by U.S. mail or via personal service. If a motion, opposition, reply, or sur-reply is served by U.S. Mail, any time period identified in 804 CMR 1.13(4) shall be increased by three days.
3. (c) Certificates of Service. The final page of every document served in accordance with 804 CMR 1.13(4) shall contain a certificate of service noting the date of service and the manner in which service was made on every party.
4. (d) Motion Conferences. In the event the Commission determines that a conference is necessary or shall aid in the disposition of a motion, the Commission may order the parties to appear to answer questions and present oral argument in support of their respective positions.
5. (e) Motions at Public Hearing. Motions made during the public hearing may be stated orally on the record.

(5) Appeal of Order Granting or Denying a Motion.

1. (a) Appeal to Full Commission. The Full Commission may entertain an interlocutory appeal of a Commission ruling occurring after certification and prior to public hearing if such appeal is related to the jurisdiction of the Commission or its authority to proceed on a matter. Prior to the issuance of a public hearing decision, an appeal to the Full Commission is not available for any other Commission rulings, except as provided in 804 CMR 1.15(5)(g). An order of the Full Commission issued in accordance with 804 CMR 1.13(5) is not a final order of the Commission and is not subject to judicial review pursuant to M.G.L. c. 151B, § 6 or M.G.L. c. 30A.
2. (b) Motion for Reconsideration of an Order Issued after Certification to Public Hearing. In the absence of new evidence proffered, motions for reconsideration of such orders shall be denied.

(6) Emergency Motions.

1. (a) Motions for emergency relief shall contain a cover page bearing the heading "Emergency Motion" in large, bold type.
2. (b) Motions for emergency relief shall set forth the facts showing the existence and nature of immediate and irreparable harm.
3. (c) The moving party shall serve a copy of the motion seeking emergency relief on all other parties and counsel, simultaneous with the filing at the Commission. Such motions are exempt from 804 CMR 1.13(4)(b).
4. (d) Emergency motions are exempt from 804 CMR 1.13(4)(a), although the Commission encourages all parties to confer in good faith prior to filing any such motion in order to narrow or obtain agreement upon the relief sought.