You do not have to provide evidence that the facts are true, and you should not include facts or evidence that do not relate directly to your claims against the defendants. The statement of facts should tell the complete story, but it does not have to include every detail. You should tell your story in a straightforward manner that is "simple, concise, and direct." Rule 8(e). The statement of facts is the section of a complaint where you tell your story by stating the facts that resulted in the dispute with the defendants. If you know the residence or place of business of a party, you must say so in the paragraph with the party's name. The parties' names must be accompanied by their "respective residences or usual places of business" Rule 10(d). You should give the name of each party in separate numbered paragraphs. The body of a complaint usually begins with the identification of the plaintiffs and defendants. 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." The clerk’s office will give you a docket number when you file your complaint. Rule 10(a) states, "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). 218, § 19A(a) requires that a complaint filed in District Court that requests money damages must include a Statement of damages form. Superior Court Rule 29 requires that you file a Civil action cover sheet along with your complaint. Some courts require that you include additional forms with the complaint. The substantive information in the complaint (everything other than the caption) must be formatted in numbered paragraphs, with each paragraph containing a separate complete thought or set of circumstances, as required by Rule 10(b). In general, a complaint has six parts: caption, parties, statement of facts, statement of claims, request for relief, and jury demand. The requirements of the rules are met so long as the complaint gives the defendant "fair notice of what the plaintiff's claims are and the grounds on which they rest." Mmoe v. The rules provide you with a great degree of flexibility to tell your story in your complaint. While there are a few formalities that must be met, there are not any "magic words" required for a complaint. The Massachusetts Rules of Civil Procedure, Rules 8-15 set forth the requirements for a complaint. Once you have determined what type of case you have, the appropriate jurisdiction, and the venue, you are ready to write the complaint. Use the Courthouse locator to find the courts for your town. A discussion of how to determine venue is available in Massachusetts Practice v.9 (Civil Practice), sections 5.1 through 5.11. The proper venue could be the place (i.e., municipality or county) where a piece of land is located, or the place where one of the parties lives or has their business, for example. You also need to decide where your case needs to be heard, i.e. If you need more detailed information about how to determine the jurisdiction of each court department, see Trial Court information or the book Massachusetts Practice v.9 (Civil Practice), sections 4:1 through 4:31.Ģ. If the amount of damages is $7,000 or less, most cases can be brought in Small Claims Court, a special session of the District Court. If there is no reasonable likelihood that the damages will be more than $50,000, the District Court has jurisdiction. The Superior Court has jurisdiction over cases involving more than $50,000. In Superior Court and District Court, jurisdiction over suits for money damages is determined by the amount of damages you request.
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