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RELATED DOCUMENTS:
Massachusetts - Essex Superior
Massachusetts - Essex Superior
Massachusetts - Essex Superior
Massachusetts - Essex Superior
Massachusetts - Essex Superior


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 Answer

 

 Massachusetts Superior Court
 Suffolk County

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 Timing

Twenty Days to Answer

An answer must be served within twenty (20) days after completion of service of the pleading to which more...   

Answer to Amended Complaint

Unless the court orders otherwise, a party must respond to an amended complaint "within the time remaining for more...

Extensions

When a Motion Intervenes

Unless a different time is set by the court, if a motion is made and denied or its more...

By Court Order

The court may at any time in its discretion and for cause shown grant a request (with or more...

When Service Is By Mail

Three days shall be added to the allowed period for answering when the paper or notice is served more...

 Rules and Requirements

Generally

Answers must contain, in "short and plain" terms, all defenses to a claim, including affirmative defenses, as well more...

Amended Answer

A party may amend an answer once "as a matter of course" if the action has not been more...

General Defenses

An answer must assert every available defense, whether in law or fact, except for defenses that may properly more...

Defenses That May Be Made By Motion

The following defenses may properly be made by motion:lack of subject matter jurisdiction; lack of personal jurisdiction; improper venue; insufficiency of process; insufficiency of service of process; more...

Waiver of Certain Defenses

A defense of lack of jurisdiction over the person, improper venue, insufficiency of process, insufficiency of service of more...

Affirmative Defenses

An answer must set forth any matter "constituting an avoidance or affirmative defense." Massachusetts Rule of Civil Procedure 8(c) lists some defenses that must be pled affirmatively. more...

Defenses, Denials, Admissions, and Insufficient Knowledge

An answer must contain a "short and plain" defense to the claims asserted and must admit or deny more...

General Denial

A party may generally deny all of the allegations of the complaint. . more...

Partial Denials

A party may specifically deny designated allegations and admit the remainder, or generally deny all of the allegations more...

Failure to Deny

As to any allegation that requires an answer, except one regarding the amount of damage, allegations are admitted more...

Alternative and Inconsistent Defenses

A party may set forth two or more statements of a defense alternatively or hypothetically, either in one more...

Jury Demand

A demand for a jury trial may be made in an answer. . more...

Pleading Special Matters

Massachusetts Rule of Civil Procedure 9 imposes heightened pleading requirements for the following: more...

Capacity and Authority

It is not necessary to state capacity or authority.However, if a party wishes to raise either capacity or authority as an issue, it must do so more...

Fraud, Mistake, Duress, Undue Influence, Condition of the Mind

Allegations or defenses relating to fraud, mistake, duress, or undue influence must be stated with particularity. Malice, intent, knowledge, and other conditions of the mind may be averred generally. more...

Conditions Precedent

While it is sufficient to aver that all conditions precedent have been performed or occurred, denials of performance more...

Official Document or Act

It is sufficient to allege that an official document or act was done in compliance with the law. more...

Judgment

Pleading a judgment requires the averment of the judgment only. It is not necessary to prove that the court had jurisdiction to render it. more...

Time and Place

Any averments of time and place are material for purposes of testing the sufficiency of a pleading. more...

Special Damage

Items of special damage must be specifically stated in a pleading. .This rule ensures that the defendant is put on proper notice of the potential damages. Too vague a more...

Verification

Unless specifically required by rule or statute, a party is not required to verify a pleading, as the more...

Specific Actions

Class actions, shareholder derivative actions, and actions related to unincorporated associations are governed by detailed requirements set forth in more...

Assertion of Counterclaims

Compulsory Counterclaims

All available claims against the plaintiff that arise out of the same transaction or occurrence that is the more...

.

Permissive Counterclaims

An answer may state as a counterclaim any other claim against the plaintiff. . more...

Counterclaims Acquired After Pleading

With permission of the court, claims that arise after serving an answer may be presented as counterclaims by more...

Omitted Counterclaims

Counterclaims omitted through excusable error may be set up by amendment with leave of court. . more...

Assertion of Cross-Claims

An answer may state claims against third parties that arise out of the same transaction or occurrence that more...

 Form and Format of Papers

Sample Forms

The forms appended to the Massachusetts Rules of Civil Procedure contain several sample answers (Forms 20 - 21). more...

Caption

The caption must include the name of the court, county, title of the action, docket number, and designation more...

Separate Statements

Each defense, other than denials, must be stated in a separate statement whenever "separation facilitates the clear presentation of more...

Numbered Paragraphs

Each statement of fact or claim must be made in a separate numbered paragraph and each should contain more...

Incorporation by Reference

Statements in a pleading may be adopted by reference in a different part of the same pleading or more...

Parties' Residence or Place of Business

If the answer states a claim against a person not originally a party to the action, it must more...

Signature

If a party is represented by counsel, each of its pleadings must be signed by at least one more...

Additional Requirements

Suffolk County SmartRules procedural guide: GENERALLY APPLICABLE RULES AND FORMATTING REQUIREMENTS. more...

 Additional Documents

Statement Alleging Inadequate Statement of Damages

If the defendant believes the statement of damages filed by the plaintiff (as stated on the civil action more...

 Filing and Service

Filing

Timing

An answer must be filed with the court either before service or within a reasonable time after service. more...

Certificate of Service

In Superior Court, the last page of every paper served in accordance with Mass.R.Civ.P. 5(a) shall briefly state more...

Fee

The fee schedule for Massachusetts Superior Courts is available online at: more...

Method

Suffolk County SmartRules procedural guide: FILING DOCUMENTS. more...

Service

An answer must be served upon each of the parties. Service of an answer may be made by personal delivery, mail, or delivery to an attorney's or party's more...

Copyright SmartRules 2003-2014 exclusive of the text of Government codes

 

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RELATED DOCUMENTS:
Massachusetts - Essex Superior
Massachusetts - Essex Superior
Massachusetts - Essex Superior
Massachusetts - Essex Superior
Massachusetts - Essex Superior