950 C.M.R. 31.03 – Pleadings and Motions

(1) Initial Pleading.
1. (a) An initial pleading, as used herein, shall refer to any paper or document by which an adjudicatory proceeding may be commenced. Such papers or documents shall include but not be limited to applications, petitions, charges, complaints and appeals.
2. (b) Every initial pleading, as far as possible, shall contain the following:
  1. 1. A title which indicates as appropriate the nature of proceedings and the parties involved therein.
  2. 2. The complete name and address of the party filing the pleading.
  3. 3. The name of the agency to which the pleading is directed.
  4. 4. The name and address of all other parties.
  5. 5. A clear and concise statement of the facts upon which the pleading is maintained.
  6. 6. In the case of appellate proceedings, a clear and concise statement of the appellant's objections to the decision or action from which the appeal was taken.
  7. 7. A prayer setting forth the relief sought.
  8. 8. If the party filing the pleading is represented by counsel, the name and address of the attorney.
3. (c) Any agency may print or otherwise duplicate forms to be filled out and used in initial pleadings. When such forms are available the agency may require their use.
(2) Answer. Any party may file with the agency an answer to an initialpleading within 14 days after service ofthe document to which the answer is directed. All allegations contained in said initial pleading which are not specifically admitted are deemed denied. All new matters contained in said answer shall be deemed denied. The answer shall contain but not be limited to the following:
1. (a) A clear and concise statement identifying the party filing the answer and the matter to which the answer relates.
2. (b) A clear and concise statement of all matters upon which the party relies.
(3) Replies. There shall be no reply other than an answer as provided in 950 CMR 31.03(2).
(4) Amendments to Pleadings. Leave to file amendments to any pleading will be allowed or denied as a matter of discretion; provided, however, leave to amend shall be freely given as justice requires. If amendment is made to an initial pleading, it shall be filed within seven days.
(5) Withdrawal of Pleadings. A party desiring to withdraw a pleading filed with an agency shall file a motion for withdrawal, in accordance with 950 CMR 31.03(6). If any party has an objection thereto, he shall within ten days after receipt of said motion, file a statement with the agency setting forth the reasons for his objection and serve a copy of same, in accordance with 950 CMR 31.04 of each party. An objecting party may, as of right, have a hearing on the motion to withdraw if, at the time of filing, he so requests. In the absence of objections or a request for hearing, the motion of withdrawal shall, within 30 after the filing thereof, be deemed allowed, unless otherwise ordered; provided, however, that this paragraph shall not be construed as effecting withdrawal of the following, unless all parties thereto including the agency so agree:
1. (a) Any pleading in any proceeding in which a hearing has been held.
2. (b) Any formal complaint.
(6) Motions. An application to the agency for an order to take any action or to enter any order after initial pleading or answer shall be by motion which, unless made during a hearing or trial, shall be made in writing, shall state specifically the grounds therefore, and shall set forth the action or order sought. A copy of all motions made in writing, or reduced to writing at the request of the agency, shall be served upon the parties in accordance with 950 CMR 31.04.
(7) Motion for Specifications. Where a party makes a reasonable showing that he cannot frame an answer to an initial pleading based upon the allegations as they appear in such initialpleading, he may, at any time prior to the time within which an answer may be filed, move for specifications or for a more definite statement of the allegations. Such a motion shall be filed in accordance with 950 CMR 31.03(6) and shall identifythe defects complained of or the details desired. The agency shall grant such motions as justice requires, but shall disallow motions which clearly have been filed for purposes of delay or harassment. If the motions are allowed, the party called upon to clarify his pleading shall file specifications within seven days of being notified ofsuch allowance, and the party who has moved for specifications shall file his answer, if any, within seven additional days.