Pleading Form Template In Massachusetts
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You must file an answer with the court that issued the summons or citation. If you fail to answer, you could lose the case without ever having the opportunity to tell your side of the story.
To request a continuance regarding your DALA case, you (the party seeking the continuance or "the moving party") should submit a written request (a "motion") at least seven (7) days before the event. You can send your request by mail, fax, or e-mail.
The term “pleading paper” is often used to describe the format of a document that is filed with the Court when a pre-made form is not available. If there is not a California or Local Court form to fit your situation, you will need to draft your own pleading or motion on pleading paper.
You can refuse to accept documents from a process server. However, in most cases, if you do refuse to accept the documents, the process server is legally allowed to leave them next to you or at your feet. Whether you accept the documents or not, you are considered to be served.
Follow these three steps to respond to your debt lawsuit in Massachusetts Answer each issue of the Complaint. Assert affirmative defenses and counterclaims. File the Answer with the court and serve the plaintiff.
Rule 10 - Form of Pleadings (a) Caption; Names of Parties. Every pleading shall contain a caption setting forth the name of the court, the county, the title of the action, the docket number, and a designation as in Rule 7(a).
Your answer should include the court name, case name, case number, and your affirmative defenses. Print three copies of your answer. File one with the clerk's office and mail (or “serve”) one to the plaintiff or plaintiff's attorney. The plaintiff is the debt collector, creditor, or law firm suing you.
If I get served with a complaint, what do I do? Read the summons and the complaint or petition. It is important to read both the summons (or citation) and the complaint (or petition) very carefully. Write and file an answer. Serve the other party with a copy of the answer.
All pleadings have the same basic structure,5 starting with the caption at the top of the first page. The caption states the name of the court at the top and, on the right side of the pleading, the type of pleading,6 the case number (or docket number), and the name of the judge.
Summary and Explanation Caption Requirement. Names of Parties. Paragraphs; Separate Statements. Adoption by Reference; Exhibits. Format Requirements.
