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 Answer

 

 United States District Court
 District of Massachusetts

This is a preview. For access to the full SmartRules Guide,
login or join now.

 

 Timing

Answer to Complaint, Cross-Claim or Counterclaim, Reply to Answer

An answer to a complaint or cross-claim, or a reply to a counterclaim, must be served within 21 more...   

United States defendants must answer within sixty (60) days after the United States attorney is served. . more...

Answer to Impleader (Third Party) Complaint

A third party defendant must respond to a third party complaint within 21 days. . more...

Answer To Amended Complaint

A pleading responsive to an amended complaint is due within the time remaining for response to the original more...

Rule 4 Waiver

If service of the summons has been timely waived on request under Rule 4(d), defendant must serve an more...

After Denial of Rule 12 Motion

If the court denies a Rule 12 motion or postpones its disposition until trial, the responsive pleading must more...

After Granting Motion For a More Definite Statement

If the court grants a motion for a more definite statement, the responsive pleading must be served within more...

After Removal

After removal, re-pleading is unnecessary unless the court orders it. A defendant who did not answer before removal more...

21 days after receiving through service or otherwise a copy of the initial pleading stating the claim more...

21 days after being served with the summons for an initial pleading on file at the time of more...

7 days after the notice of removal is filed. . more...

Calculating the Due Date or Deadline Pursuant to the FRCP

Under amended FRCP 6(a)(1), all deadlines stated in days, no matter the length of the period, are computed more...

When determining the last day of a filing period stated in days, a day on which the clerk's more...

The end of the last day of a period is defined as midnight in the court's time zone more...

In determining what is the "next" day, one must continue counting in the same direction - that is, more...

Legal holidays are set forth and defined at Rule 6(a)(6). . more...

 Pleading Rules

Paragraphs; Separate Statements

A party must state its claims or defenses in numbered paragraphs, each limited as far as practicable to more...

Adoption by Reference; Exhibits

A statement in a pleading may be adopted by reference elsewhere in the same pleading or in any more...

Admission or Denial of Allegations

In responding to a pleading, a party must: more...

State in short and plain terms its defenses to each claim asserted against it; and more...

Admit or deny the allegations asserted against it by an opposing party. . more...

Substantive Denials Required

A denial must fairly respond to the substance of the allegation. . more...

General and Specific Denials

A party that intends in good faith to deny all the allegations of a pleading including the more...

Denying Part of an Allegation

A party that intends in good faith to deny only part of an allegation must admit the part more...

Lacking Knowledge or Information

A party that lacks knowledge or information sufficient to form a belief about the truth of an allegation more...

Effect of Failing to Deny

An allegation other than one relating to the amount of damages is admitted if a responsive pleading more...

Affirmative Defenses

In General

A party must state in short and plain terms the party's defenses to each claim asserted. . more...

List of Affirmative Defenses

Editor's Note: This is a partial list, following are the affirmative defenses identified by Federal Rule 8(c). more...

Accord and satisfaction more...

Arbitration and award more...

Assumption of risk more...

Contributory negligence more...

Duress more...

Estoppel more...

Failure of consideration more...

Fraud more...

Illegality more...

Injury by fellow servant more...

Laches more...

License more...

Payment more...

Release more...

Res judicata more...

Statute of frauds more...

Statute of limitations more...

Waiver more...

.

 

Counterclaim; Misdesignation

If a party mistakenly designates a defense as a counterclaim, or a counterclaim as a defense, the court more...

Answer to Third Party Complaint --Other Claims and Fourth Party Claims

The person served with the summons and third-party complaint -- the "third-party defendant": more...

Must assert any defense against the third-party plaintiff's claim under Rule 12; more...

Must assert any counterclaim against the third-party plaintiff under Rule 13(a), and may assert any counterclaim against the third-party more...

May assert against the plaintiff any defense that the third-party plaintiff has to the plaintiff's claim; and more...

May also assert against the plaintiff any claim arising out of the transaction or occurrence that is the more...

A third-party defendant may proceed under this rule against a nonparty who is or may be liable to more...

Actions Challenging The Constitutionality of a Statute

There are special notice and certification procedures for actions that challenge the constitutionality of a statute.(Federal Rule of Civil Procedure 5.1 implements 28 U.S.C. Section 2403 and replaces the former final three sentences more...

Prayer for Relief

It is customary to include at the end of an answer a prayer that: more...

 

Jury Demand

On any issue triable of right by a jury, a party may demand a jury trial by: more...

Serving the other parties with a written demand which may be included in a pleading no later more...

Filing the demand in accordance with Rule 5. . more...

District of Massachusetts SmartRules procedural guide: JURY DEMAND. more...

 Form and Format of Papers

Caption

Every pleading must have a caption with the court's name, a title, a file number, and a Rule more...

Request for Special Action

When a pleading or paper filed with the court includes a request for special process or relief, or more...

Signature

Every pleading, written motion, and other paper must be signed by at least one attorney of record in more...

Signature on Electronic Documents

The user log-in and password required to submit documents to the ECF system serve as the ECF user's more...

Multiple Signatures

If a document requires more than one signatory, it must contain each signatory's name with a "/s/" block more...

Additional Requirements

District of Massachusetts SmartRules Guide: GENERAL RULES AND FORMATTING REQUIREMENTS. more...

 Additional Documents

Registration for ECF System

As of January 1, 2006, electronic filing is mandatory in the District and every attorney or party must register as a filing user of ECF. more...

A registration form for the District is available online at the following link: . more...

Notice of Appearance

Except for the attorney filing the complaint (which filing itself constitutes an appearance), attorneys must file a notice more...

Disclosure Statement

File With First Appearance

A party must file a disclosure statement with its first appearance, pleading, petition, motion, response, or other request more...

Supplemental Filing

A party must promptly file a supplemental disclosure statement if any required information changes. . more...

Contents

A nongovernmental corporate party must file 2 copies of a disclosure statement that identifies any parent corporation and more...

 FILING AND SERVICE

Electronic Filing Required

All documents (except those expressly excluded by the Court's Administrative Procedures) must be filed electronically using the ECF System. more...

Additional Information

For more detailed information regarding electronic filing requirements, District of Massachusetts SmartRules Procedural Guides: FILING DOCUMENTS and GENERAL RULES AND FORMATTING REQUIREMENTS. more...

Traditional Filing and Service Rules

Filing and Service Required

An answer must be filed with the court within a reasonable time after service, together with proof of more...

Method of Service

Service may be made by mail or personal delivery, or, with consent of the party being served, by more...

Copyright SmartRules 2003-2013 exclusive of the text of Government codes

 

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RELATED DOCUMENTS:
First Circuit - MA Dist
First Circuit - MA Dist
First Circuit - MA Dist
First Circuit - MA Dist
First Circuit - MA Dist