This is an official form from the Massachusetts Court System, which complies with all applicable laws and statutes. USLF amends and updates these forms as is required by Massachusetts statutes and law.
This is an official form from the Massachusetts Court System, which complies with all applicable laws and statutes. USLF amends and updates these forms as is required by Massachusetts statutes and law.
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Rule 12 dictates when a responsive pleading is due, certain defenses that may be made before filing a responsive pleading, and when and how those defenses may be raised.
The defendant must sign the original summons where it says Acceptance of Service in the presence of a notary public, and you must then deliver the original summons signed by the defendant to the court as proof of service. You can often find a notary public at a bank, and most attorneys are also notary publics.
231, § 16. Rule 12(c) is designed to cover the rare case where the answer admits all the material allegations of the complaint (or the reply admits all the allegations of the counterclaim) so that no material issue of fact remains for adjudication.
A sheriff; A deputy sheriff; A special sheriff; Any other person authorized by law, such as a constable; or. A person specially appointed by the court for this purpose.
Contact the clerk's office of the court where the lawsuit was filed. You'll find a phone number and address for the clerk's office on your summons. The clerk will be able to tell you exactly what documents you should file with your answer and whether any filing fee is required.
In Massachusetts, trustee process refers to a procedure or legal process by which a third party, rather than the creditor, attaches a debtor's property. Trustee process is similar to Garnishment. In Massachusetts the third person or garnishee is referred to as the trustee.
A party may move for a more definite statement of a pleading to which a responsive pleading is allowed but which is so vague or ambiguous that the party cannot reasonably prepare a response. The motion must be made before filing a responsive pleading and must point out the defects complained of and the details desired.
To sue someone in Massachusetts, you have to file a complaint with the clerk of the court. A complaint is not a specific form. It is a document that contains a short statement of the facts showing your claim and why you are entitled to relief and a demand for judgment granting that relief.
Fill in: the case name and number; the name and address of the person being subpoenaed; and the date, time, and location of the court hearing where they're supposed to testify. Unlike a summons, which must be served by a Sheriff , or an authorized process server , a subpoena can be served by almost anyone.