How long do parties have to respond to pleadings?

In Massachusetts, the parties to a civil case must respond to pleadings within 20 days after service is made. This includes the initial complaint and the response (the answer or the motion to dismiss). The 20-day period is referred to as the “time to plead.” After a party files a complaint or answer, the opposing party must file a written response to that pleading within the 20-day period. If the opposing party does not respond within the 20-day time period, they may be in default. A default judgment can be taken against the non-responsive party after it is requested by the filing party. The length of the response time can be impacted by a variety of factors. For example, if a party is served with a complaint in an emergency situation, their response time may be shortened. Additionally, if parties choose to waive or extend the 20-day period, they can do so by filing a written stipulation or motion with the court. Finally, it is important to note that failure to respond to a complaint does not automatically result in a default judgment. Instead, a hearing must first be held and the court must be satisfied that there is a valid and enforceable default judgment against the non-responsive party.

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