A pleading that states a claim for relief must contain a short and plain statement of the grounds for the court’s jurisdiction, unless the court already has jurisdiction and the claim needs no new jurisdictional support. FRCP 8(a)(1).
Each claim for relief must contain a "short and plain" statement of the claim showing that the pleader is entitled to relief and a demand for the relief sought. FRCP 8(a)(2) and (3).
Each allegation must be simple, concise, and direct. No technical form is required. FRCP 8(d)(1).
Paragraphs, Separate Statements
A party must state its claims or defenses in numbered paragraphs, each limited as far as practicable to a single set of circumstances. A later pleading may refer by number to a paragraph in an earlier pleading. If doing so would promote clarity, each claim founded on a separate transaction or occurrence -- and each defense other than a denial -- must be stated in a separate count or defense. FRCP 10(b).
Adoption By Reference, Exhibits
A party must state its claims or defenses in numbered paragraphs, each limited as far as practicable to a single set of circumstances. A later pleading may refer by number to a paragraph in an earlier pleading. If doing so would promote clarity, each claim founded on a separate transaction or occurrence -- and each defense other than a denial -- must be stated in a separate count or defense. FRCP 10(b).
Each allegation must be simple, concise, and direct. No technical form is required.
Alternative Statements of a Claim or Defense
A party may set out 2 or more statements of a claim or defense alternatively or hypothetically, either in a single count or defense or in separate ones. If a party makes alternative statements, the pleading is sufficient if any one of them is sufficient. FRCP 8(d)(2).
Except when required to show that the court has jurisdiction, a pleading need not allege:
A party’s capacity to sue or be sued;
A party’s authority to sue or be sued in a representative capacity; or
Rule 9 imposes heightened pleading requirements for, among other things, averments regarding fraud, conditions precedent, and special damages. FRCP 9.
There are special notice and certification procedures for actions that challenge the constitutionality of a statute. (Federal Rule of Civil Procedure 5.1 implements 28 U.S.C. Section 2403 and replaces the former final three sentences of Rule 24 (c) ). FRCP 5.1.
A pleading that states a claim for relief must contain a demand for the relief sought, which may include relief in the alternative or different types of relief. FRCP 8(a)(3).
On any issue triable of right by a jury, a party may demand a jury trial by:
Serving the other parties with a written demand — which may be included in a pleading — no later than 14 days after the last pleading directed to the issue is served; and
Filing the demand in accordance with Rule 5 (d) .
See District of Massachusetts SmartRules™ procedural guide: JURY DEMAND.
Every pleading must have a caption with the court's name, a title, a file number, and a Rule 7(a) designation. The title of the complaint must name all the parties; the title of other pleadings, after naming the first party on each side, my refer generally to other parties. FRCP 10(a).
When a pleading or document filed with the court includes a request for special process or relief, or any other request that, if granted, would cause the court to proceed in a manner other than the ordinary course, the request must be noted on the first page to the right of or immediately beneath the caption. This need not be done if the request has been otherwise indicated on the category sheet. D. Mass. Civ. R. 5.1 (c) (amended eff 11/1/19).
Every pleading, written motion, and other paper must be signed by at least one attorney of record in the attorney’s name — or by a party personally if the party is unrepresented. The paper must state the signer’s address, e-mail address, and telephone number. The court must strike an unsigned paper unless the omission is promptly corrected after being called to the attorney’s or party’s attention. FRCP 11 (a).
Signature on Electronic Documents
The user log-in and password required to submit documents to the ECF system serve as the ECF user's signature. All electronically-filed documents must include a signature block, and must set forth the attorney's name, address, Bar number, telephone number, and E-mail address. The name of the filing ECF user must be preceded by a "/s/" and typed in the space in which a signature would otherwise appear. ECF Administrative Procedures J(1).
See District of Massachusetts SmartRules™ Guide: GENERAL RULES AND FORMATTING REQUIREMENTS.
A summons must be served with a copy of the complaint. The plaintiff is responsible for having the summons and complaint served within the time allowed by Rule 4(m) and must furnish the necessary copies to the person who makes service. FRCP 4(c)(1) (amended eff 12/1/17).
A form of summons is available online.
A civil cover sheet must be filed with the initial pleading filed in a case. D. Mass. Civ. R. 3.1.
A form of Civil Cover Sheet and a Category Form for New Civil Cases , which may be considered part of the civil cover sheet for the District are available online at the following link: https://www.mad.uscourts.gov/resources/forms-local.htm.
A party, intervenor, or proposed intervenor must file a disclosure statement with its first appearance, pleading, petition, motion, response, or other request addressed to the court. FRCP 7.1 (b).
A party must promptly file a supplemental disclosure statement if any required information changes. FRCP 7.1 (b).
A nongovernmental corporate party or a nongovernmental corporation that seeks to intervene must file 2 copies of a disclosure a statement that identifies any parent corporation and any publicly held corporation owning 10% or more of its stock; or states that there is no such corporation. FRCP 7.1 (a)(1).
Electronic filing is mandatory in the District and every attorney or pro se party must register as a filing user of ECF. ECF Administrative Procedures (B)(1)-(2).
The online registration form is available on the court's website.
The court may supply additional documents that must be served with the Complaint.
All ECF filers registered in the District of Massachusetts must file civil case opening documents, such as a complaint (or petition or notice of removal), civil action cover sheet, or category sheet, electronically.
Cases which include sealed or ex parte documents and supporting materials presented contemporaneously with civil case opening documents may be filed and served initially in paper format and not electronically. Pro se filers, others exempt from electronic filing, or otherwise ordered by the court, may file case opening documents in paper format and not electronically.
Whenever possible, at the time a civil case is submitted in paper format, the filing party may also file a disk with the clerk containing in PDF format the opening documents and any emergency motions and supporting papers not filed electronically.
When the complaint (or third-party complaint) is filed, the plaintiff presents the summons to the clerk, the clerk signs and places the court’s seal on the summons and issues the summons to plaintiff for service on the defendant. FRCP 4(b) (amended eff 12/1/17).
The District's schedule of statutory and miscellaneous fees is available online at https://www.mad.uscourts.gov/general/fees-payments.htm.
For traditional service rules and procedures, See District of Massachusetts SmartRules™ procedural guide: SERVICE OF PROCESS.
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