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The clerk of ct says Plaintiff can't file an answer to the defendants answer to my complaint due to Ma. Civil rules of procedur

Franklin, MA |
Attorney answers 6


You don't. If you think you can represent yourself in litigation, your question indicates otherwise. You don't file rebuttal to an answer to your complaint. Hire counsel. There are motions you can file, but find someone licensed in MA to handle for you.


You really should retain counsel to help you with your medical malpractice case because they are very complex cases and can result in high settlements whether through insurance or prior to litigation if you have a strong case, and potentially even from a jury award. Without an attorney it will be hard to get what you want out of this litigation and most medical malpractice attorneys take such cases on a contingency basis meaning you pay little if anything up front. If what the defendant's answer has done is essentially defeat your claims then you can file a motion to amend your complaint. I highly recommend consulting an attorney. Best of luck.

Please be sure to mark if you find the answer "helpful" or a "best" answer. (It lets us know how we are doing.) Attorney Kremer is licensed to practice in Massachusetts. Please visit her Avvo profile for contact information. In accordance with Avvo guidelines, the following disclaimer applies to all responses given in this forum: The above is NOT legal advice, and is NOT intended to be legal advice. No Attorney-Client relationship is created through the above answer.


You dont file any response to the Answer. You submit questions back and forth or request documents. You can also request admissions, Subpoena documents, and take depositions. I agree with my colleague. These types of cases are very time sensitive and have strict requirements. You really need to seek an experienced malpractice attorney ASAP. Many offer to work on a contingency basis with no money up front. Good luck.

The above is general information only and is not legal advice. The information provided does not form an attorney-client relationship, and should not be relied upon to take or refrain from taking any action. I am not your attorney until we sign a retainer agreement.



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Your question shows you do not know what you're doing. You need to hire counsel and, most likely, retain a medical expert who believes there was malpractice. If you cannot find an attorney, that should tell you that your claim isn't as good as you think.

My responding to your question does not create an attorney-client relationship. Also, please keep in mind that I am responding based solely on the information in your question and am most likely doing so from my iPhone and while out of the office. If you want to contact me, feel free to call me at 617-426-7400 or email


As a plaintiff's attorney I always find defendant's answers to my complaints ridiculous. But, these are cookie cutter papers cut out of templates. Rather than getting bent out of joint about it we step into the next phase, which is discovery. I have to join with the other good Massachusetts AVVO attorneys who have cautioned you against doing-it-yourself on a medical malpractice case. Expect a dispositive motion. Find counsel now before your case hits the bricks. Here's more: [Blue-Link-Below]

Law Offices of Andrew D. Myers, North Andover, MA & Derry, NH provide answers for informational purposes only. Actual legal advice can only be given by an attorney licensed in your jurisdiction, thoroughly familiar with the area of the law in which your concern lies. This creates no attorney-client relationship.

Andrew Daniel Myers

Andrew Daniel Myers


I have to add that court clerks are not allowed to give legal advice. I find the court clerks in Massachusetts very helpful with regard to getting papers filed correctly and helping us get things through the system and letting us know where cases stand along the tracking system. But, by law they are not allowed to give legal advice and one should not push them to do this. They told you correctly that there's no such thing as an Answer to an Answer. I think in the old days there was a legal document called a replication, but I can't remember the last time I saw one. Also, Motions to Strike are a waste of time unless what has been said is entirely out of line. The pleading really has to rise to the level of inflammatory for a Motion to Strike to be worth your while.

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