COMMONWEALTH OF MASSACHUSETTS
[TRIAL COURT OF THE COMMONWEALTH]
[______] COUNTY – SUPERIOR COURT DEPARTMENT

[PLAINTIFF NAME],
Plaintiff,

v. Civil Action No. _____

[DEFENDANT NAME],
Defendant.

DEFENDANT’S ANSWER, GENERAL DENIAL, AFFIRMATIVE DEFENSES
[AND COUNTERCLAIMS (IF ANY)]

[// GUIDANCE: Replace all bracketed items with matter-specific information before filing.]

TABLE OF CONTENTS

1. Preliminary Statement
2. Answer and General Denial
3. Affirmative Defenses
4. Counterclaims (Optional)
5. Prayer for Relief
6. Reservation of Rights
7. Verification (If Required)
8. Certificate of Service

1. PRELIMINARY STATEMENT

1.1 Pursuant to Mass. R. Civ. P. 8(b) and 12(a), Defendant [DEFENDANT NAME] (“Defendant”) hereby answers the Complaint dated ____ (the “Complaint”) filed by Plaintiff [PLAINTIFF NAME] (“Plaintiff”).

1.2 By virtue of Mass. R. Civ. P. 12(a)(1), this Answer is timely because it is being served and filed within twenty (20) days after service of the summons and Complaint.
[// GUIDANCE: If a Rule 12 motion tolled the deadline, replace this sentence with the 10-day timing language from Rule 12(a)(1)(B).]

2. ANSWER AND GENERAL DENIAL

2.1 Except as expressly admitted herein, Defendant denies each and every allegation, claim, matter, and thing contained in the Complaint and demands strict proof thereof.

2.2 Defendant specifically responds to the numbered paragraphs of the Complaint as follows:
[// GUIDANCE: Massachusetts requires paragraph-by-paragraph admissions or denials. Insert a response to each paragraph such as “Defendant denies the allegations of Paragraph 1,” or “Defendant lacks knowledge or information sufficient to form a belief as to the truth of the allegations of Paragraph 2 and therefore denies the same.”]

3. AFFIRMATIVE DEFENSES

Without assuming any burden of proof not otherwise imposed by law, Defendant asserts the following defenses pursuant to Mass. R. Civ. P. 8(c) and any other applicable rule or statute. Defendant reserves the right to amend or supplement these defenses as discovery progresses.

First Affirmative Defense – Failure to State a Claim
The Complaint fails to state a claim upon which relief can be granted (Mass. R. Civ. P. 12(b)(6)).

Second Affirmative Defense – Statute of Limitations
Plaintiff’s claims are barred, in whole or in part, by the applicable statute(s) of limitation.

Third Affirmative Defense – Laches
Plaintiff’s unreasonable delay in pursuing its claims bars relief.

Fourth Affirmative Defense – Waiver and Estoppel
Plaintiff waived, or is estopped from asserting, the claims asserted.

Fifth Affirmative Defense – Accord and Satisfaction/Payment
Any alleged obligations have been satisfied, discharged, or otherwise extinguished.

Sixth Affirmative Defense – Failure to Mitigate
Plaintiff failed to mitigate its alleged damages.

Seventh Affirmative Defense – Comparative/Contributory Negligence
Plaintiff’s own negligence contributed to any alleged damages and proportionally reduces or bars recovery.

Eighth Affirmative Defense – Setoff and Recoupment
Defendant is entitled to offset any amounts allegedly owed by amounts due from Plaintiff.

Ninth Affirmative Defense – Statute of Frauds
Enforcement of the alleged agreement is barred by the statute of frauds.

Tenth Affirmative Defense – Unclean Hands
Equitable relief is barred by Plaintiff’s inequitable conduct.

[// GUIDANCE: Insert additional specific defenses (e.g., discharge in bankruptcy, force majeure, impossibility) as applicable to the facts.]

4. COUNTERCLAIMS (OPTIONAL)

[// GUIDANCE: Under Mass. R. Civ. P. 13, any claim “arising out of the transaction or occurrence” that is the subject matter of Plaintiff’s claim is compulsory and must be pleaded here or will be barred. Insert each counterclaim as a numbered count, setting forth jurisdictional basis, facts, causes of action, and prayer for relief.]

5. PRAYER FOR RELIEF

WHEREFORE, Defendant respectfully requests that the Court:
A. Dismiss the Complaint in its entirety, with prejudice;
B. Enter judgment in favor of Defendant;
C. Award Defendant its costs and reasonable attorneys’ fees as permitted by law; and
D. Grant such other and further relief as the Court deems just and proper.

6. RESERVATION OF RIGHTS

Defendant reserves the right to amend this Answer, assert additional defenses, and bring additional counterclaims as may be warranted by discovery or further investigation.

7. VERIFICATION (IF REQUIRED)

[// GUIDANCE: Massachusetts pleadings generally need not be verified unless a statute specifically requires it (e.g., G.L. c. 244, § 14 for certain mortgage matters). Insert a verification block only if applicable.]

8. CERTIFICATE OF SERVICE

I, [ATTORNEY NAME], hereby certify that on this ___ day of ____, 20__, I served a true and correct copy of the foregoing Answer and Affirmative Defenses [and Counterclaims] upon all counsel of record via [first-class mail / hand delivery / electronic filing system / email] pursuant to Mass. R. Civ. P. 5(b).

[ATTORNEY NAME] (BBO # __)
[Law Firm Name]
[Street Address]
[City, State ZIP]
Telephone: () -____
Email: [[email protected]]
Counsel for Defendant [DEFENDANT NAME]

Date: ___, 20_
[// GUIDANCE:
1. Answer Deadline – Mass. R. Civ. P. 12(a)(1) sets a 20-day response period after service. Note tolling if a Rule 12 motion is filed.
2. Affirmative Defenses – Mass. R. Civ. P. 8(c) requires listed defenses be affirmatively pleaded or they are waived. Tailor the list to the case.
3. Counterclaims – Use Mass. R. Civ. P. 13(a) & (b). Compulsory counterclaims not pled are forfeited.
4. Caption Format – Verify the precise name of the court department (District, Superior, Housing, etc.) and county.
5. E-Filing – Many MA courts mandate electronic filing; include the e-filing designation if required.
6. Signature – Massachusetts attorneys must include their Board of Bar Overseers (“BBO”) number.
7. Certificate of Service – Required under Mass. R. Civ. P. 5(d); ensure method of service complies with Standing Order 1-17 (electronic notices).]