Rule 7.Pleadings Allowed: Form of Motions
Part III. Pleadings and Motions · Last verified September 4, 2026
Full Text of Rule 7
Plain-English Summary
Rule 7 sets the vocabulary for everything that follows. Subsection (a) lists what a party may file: a complaint; an answer, plus a trustee's answer under oath where trustee process is used; a reply to a counterclaim denominated as such; an answer to a cross-claim if the answer contains one; a third-party complaint; and a third-party answer. Nothing else is allowed, except that the court may order a reply to an answer or to a third-party answer.
The list is worth reading against the deleted rules. Third-party practice under Rule 14 is deleted from this set, so the third-party pleadings named in Rule 7(a) survive as text inherited from the civil rule rather than as live domestic relations practice. The Land Court sentence at the end of (a) is inherited the same way.
Motions
Subsection (b)(1) is the operative one: an application to the court for an order shall be by motion which, unless made during a hearing or trial, shall be in writing, shall state with particularity the grounds, and shall set forth the relief or order sought. Read it with Rule 6(c), which adds seven days' notice and a proposed order, and with Rule 11, which makes the signature a certificate.
Subsection (b)(2) applies the rules on captions, signing and form of pleadings to all motions and other papers. Subsection (c) abolishes demurrers, pleas and exceptions for insufficiency of a pleading — the modern route is Rule 12.
Frequently Asked Questions
What pleadings are allowed in a Massachusetts domestic relations case?
Rule 7(a) allows a complaint; an answer, with a trustee's answer under oath if trustee process is used; a reply to a counterclaim denominated as such; an answer to a cross-claim if the answer contains a cross-claim; a third-party complaint; and a third-party answer. No other pleading is allowed except that the court may order a reply to an answer or a third-party answer.
What has to be in a motion?
Under Rule 7(b)(1), a motion made outside a hearing or trial must be in writing, must state with particularity the grounds for it, and must set forth the relief or order sought. Rule 6(c) adds seven days' notice and a proposed order in itemized paragraphs.
Can I file a demurrer?
No. Rule 7(c) provides that demurrers, pleas and exceptions for insufficiency of a pleading shall not be used. Rule 12 supplies the modern equivalents.
Can I reply to an answer?
Only if the court orders it, or if the answer contains a counterclaim denominated as such, in which case a reply is one of the pleadings Rule 7(a) allows.