Rules of Domestic Relations Procedure

Rules of Domestic Relations Procedure Domestic Relations Procedure Rule 10: Form of pleadings

Courts: Probate and Family Court
Effective Date: 05/01/2010
Updates: Amended January 24, 1978, effective February 21, 1978 Amended March 5, 2010, effective May 1, 2010

Identical to Mass.R.Civ.P. 10

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(a) Caption; names of parties

Every pleading shall contain a caption setting forth the name of the court, the county, the title of the action, the docket number, and a designation as in Rule 7(a) . In the complaint the title of the action shall include the names of all the parties, but in other pleadings it is sufficient to state the name of the first party on each side with an appropriate indication of other parties.

(b) Paragraphs; separate statements

All averments of claim or defense shall be made in numbered paragraphs, the contents of each of which shall be limited as far as practicable to a statement of a single set of circumstances; and a paragraph may be referred to by number in all succeeding pleadings. Each claim founded upon a separate transaction or occurrence and each defense other than denials shall be stated in a separate count or defense whenever a separation facilitates the clear presentation of the matters set forth.

(c) Adoption by reference; exhibits

Statements in a pleading may be adopted by reference in a different part of the same pleading or in another pleading or in any motion. A copy of any written instrument which is an exhibit to a pleading is a part thereof for all purposes.

(d) Parties' residence or place of business

The complaint, and any subsequent pleading stating a claim against a person not originally a party to the action, shall state the respective residences or usual places of business of the party stating a claim and of each person against whom a claim is stated, if known to the pleader; if unknown, the complaint or pleading shall so state.

(e) Two-sided documents

The text of any document may appear on both sides of the page.

Reporter's notes

(2010). Rule 10(e) was added in 2010 to recognize the existing practice by which some attorneys include text on both the front and back of a page. The language of Rule 10(e) is similar to a 1999 amendment to Appellate Rule 20(a)(4) regarding briefs and other documents filed in the appellate courts.

Although the two-sided document language has been added to Rule 10, which governs the form of pleadings, the provisions of Rule 10, including the two-sided document language, are also applicable to motions and other papers filed under the Massachusetts Rules of Civil Procedure. See Rule 7(b)(2) .

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Updates: Amended January 24, 1978, effective February 21, 1978 Amended March 5, 2010, effective May 1, 2010

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