A party may amend a complaint once as a matter of course before a responsive pleading is served or an order of dismissal is entered. Mass.R.Civ.P. 15(a).
If the original pleading did not raise matters that would require a responsive pleading, and if the case has not been placed on the trial calendar, the pleading may be amended once as a matter of course within twenty (20) days of service. Mass.R.Civ.P. 15(a).
In all other situations, a party may amend a complaint only by leave of court or by written consent of the adverse party. Mass.R.Civ.P. 15(a).
Unless otherwise ordered by the court, a party should plead in response to an amended complaint within the time for response to the original complaint or within ten (10) days of service of the amended complaint, whichever is longer. Mass.R.Civ.P. 15(a).
See Middlesex County SmartRules ™ procedural guide: COMPLAINT.
Claims asserted in the amended complaint arising out of the conduct, transaction, or occurrence discussed in the original complaint relate back to the original complaint. This is true even when an amendment changes a party. Mass.R.Civ.P. 15(c).
Issues that arise during trial with either the express or the implied consent of the parties are treated in all respects as if they had been raised in the pleadings. Mass.R.Civ.P. 15(b).
Pleadings may be amended to conform to the evidence upon the motion of any party at any time, even after judgment. The result of the trial of those issues won't be affected if the pleadings are not amended. Mass.R.Civ.P. 15(b).
The court may allow amendment of the pleadings if a party objects during trial that an issue had not been raised in the pleadings. If the presentation of the merits of the action would be sacrificed without amendment of the pleadings, the court will freely allow amendment unless the objecting party satisfies the court that the admission of such evidence would be prejudicial. The court may grant a continuance to enable the objecting party to meet such evidence. Mass.R.Civ.P. 15(b).
On motion and just terms, a party can serve a supplemental pleading setting forth facts and circumstances that occurred after the original pleading was filed. The court can grant leave for such supplemental pleadings even if the original pleadings were defective in their statements of claim or defense. If the court deems that a response to a supplemental pleading is required it will so order. Mass.R.Civ.P. 15(d). It is local custom and practice to plead events or defenses that occur after the original pleading is filed by supplemental rather than amended pleading.
Plaintiffs must include a civil action cover sheet with the complaint. Mass.Sup.Ct.R. 29.2 (amended eff 1/1/16).
The form, available on the court's website, requires a detailed statement of the facts supporting a claim for money damages, including such specifics as medical expenses, lost wages, and expected future expenses.
If there is no reasonable likelihood that recovery will meet the amount necessary to proceed in the Superior Court under G.L. c. 212, §§ 3 and 3A the court may dismiss the case. Mass.Sup.Ct.R. 29.5 (amended eff 1/1/16).
The caption must designate the pleading as a "complaint" and include the name of the court, county, title of the action, docket number, and names of all the parties. Mass.R.Civ.P. 5 (g); Mass.R.Civ.P. 10 (a).
The caption must also include the name and address of the person or attorney filing the complaint. Mass.R.Civ.P. 5 (g).
Each statement of fact or claim must be made in a separate numbered paragraph and each should contain a single set of circumstances. Each numbered paragraph may be referred to by its number in later paragraphs. Mass.R.Civ.P. 10 (b); Mass.R.Civ.P. 10 (c) (amended eff 9/1/21).
The pleader should separate claims founded on distinct transactions or occurrences when doing so aids in clarifying the issues. Mass.R.Civ.P. 10 (b) (amended eff 9/1/21).
Statements in a pleading may be adopted by reference in a different part of the same pleading or in another pleading or motion. An exhibit to a pleading is a part of the pleading for all purposes. Mass.R.Civ.P. 10 (c) (amended eff 9/1/21).
The complaint must state the residence or usual place of business of the party stating a claim and of each person against whom a claim is stated. If the residence or usual place of business is unknown, the complaint must state this fact. Mass.R.Civ.P. 10 (d) (amended eff 9/1/21).
In certain circumstances where the residence or place of business is unknown and service is not effected, the court shall order the action to be continued until notice of the action is given to the defendant in a manner the court names (generally publication). M.G.L. 227-7.
If a party is represented by counsel, each of their pleadings must be signed in the attorney's name by at least one attorney admitted to practice in the Commonwealth, even if litigation is being conducted by out-of-state counsel admitted pro hac vice. The pleading must state the name, telephone number, address and business email address of the person signing the pleading. Mass.R.Civ.P. 11 (a) (amended eff 9/1/21).
A pleading that is filed electronically may be signed electronically in accordance with the provisions of the Massachusetts Rules of Electronic Filing (Mass.Sup.Jud.Ct.R. 1:25 Rule 13). Mass.R.Civ.P. 11 (a) (amended eff 9/1/21).
See Middlesex County SmartRules™ procedural guide: GENERALLY APPLICABLE RULES AND FORMATTING REQUIREMENTS.
The forms appended to the Massachusetts Rules of Civil Procedure contain several sample complaints (Forms 3 - 18) and sample summonses. The forms appended to the Massachusetts Superior Court Rules contain a sample Civil Action Cover Sheet and several sample summonses. Each is deemed sufficient under Rule 84. These forms are not available online.
If new parties are added, they must be served as if the pleading were an original complaint.
A blank summons may be procured from the clerk. It must be completed by the plaintiff or the plaintiff's attorney in accordance with Rule 4(b), which simply sets forth the framework of the summons. Mass.R.Civ.P. 4(a). Note that as a matter of custom and established practice in Massachusetts the plaintiff must deliver the completed summons (and complaint) to the process server rather than to the clerk. This custom is acknowledged and endorsed in the Reporter's Notes accompanying Mass.R.Civ.P. 4.
The fee schedule for Massachusetts Superior Courts is available on the court's Filing Fees page.
See Middlesex County SmartRules ™ procedural guide: FILING DOCUMENTS.
If new parties are added, they must be served as if the pleading were an original pleading. See Middlesex County SmartRules ™ procedural guide: SERVICE OF PROCESS.
If no new parties were added to the amended pleading, the amending party may use any standard service procedure. See Middlesex County SmartRules ™ procedural guide: SERVICE OF PAPERS.
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