Massachusetts Answer with Specific Denials and Admissions Along with Denial of Sufficient Knowledge or Information to Form a Belief as to Certain Allegations

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Multi-State
Control #:
US-00962BG
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Word; 
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Description

This form is used when the defendant admits facts that are true and deny allegations that are not true. This answer must be filed within 20 days in federal court and 30 days in some state courts. This form is a generic example of an answer that may be referred to when preparing such a pleading for your particular state.

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FAQ

A party shall state in short and plain terms his defenses to such claim asserted and shall admit or deny the averments upon which the adverse party relies. If he is without knowledge or information sufficient to form a belief as to the truth of an averment, he shall so state and this has the effect of a denial.

A party may amend his pleading once as a matter of course at any time before a responsive pleading is served and prior to entry of an order of dismissal or, if the pleading is one to which no responsive pleading is permitted and the action has not been placed upon the trial calendar, he may so amend it at any time ...

A party shall state in short and plain terms his defenses to such claim asserted and shall admit or deny the averments upon which the adverse party relies. If he is without knowledge or information sufficient to form a belief as to the truth of an averment, he shall so state and this has the effect of a denial.

The signature to an instrument set forth in any pleading shall be taken as admitted unless a party specifically denies its genuineness. An allegation in any pleading that a place is a public way shall be taken as admitted unless a party specifically denies such allegation.

A party that intends in good faith to deny all the allegations of a pleading?including the jurisdictional grounds?may do so by a general denial. A party that does not intend to deny all the allegations must either specifically deny designated allegations or generally deny all except those specifically admitted.

Rule 12(f) indicates explicitly that although the court may, sua sponte, clean up the pleadings (literally and figuratively) at any time, it may strike an insufficient defense only if the plaintiff takes the initiative.

A written motion, other than one which may be heard ex parte, and notice of the hearing thereof shall be served not later than seven (7) days before the time specified for the hearing, unless a different period is fixed by these rules or by order of the court.

(1) In General. Each allegation must be simple, concise, and direct. No technical form is required. (2) Alternative Statements of a Claim or Defense.

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Massachusetts Answer with Specific Denials and Admissions Along with Denial of Sufficient Knowledge or Information to Form a Belief as to Certain Allegations