Worcester, MA asked in Civil Litigation for Massachusetts

Q: Does every pleading need to be served in a case?

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1 Lawyer Answer
Zachary Alan Waksman
Zachary Alan Waksman
Answered
  • Burlington, MA
  • Licensed in Massachusetts

A: I am not sure what you mean.

If you are referring to Rule 7(a) of the Mass. Rules of Civil Procedure, it does not literally mean that each kind of pleading must be filed. Most civil actions will, at minimum, have a complaint and an answer to said complaint. Many defendants will file a counterclaim against the plaintiff, who must file an answer to the counterclaim; the counterclaim is not a mandatory filing. These pleadings are by far the most common.

I hope this helps. Good luck.

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