Motion to Amend Pleading as of Right
(MA)

Summary

This template is a motion to amend pleadings as of right for use in Massachusetts Superior Court under Mass. R. Civ. P. 15(a). This template includes practical guidance, drafting notes, and optional clauses. Rule 15(a) articulates two scenarios under which pleadings may be amended: • Amendment as of right –or– • Amendment with leave of either: o Opposing counsel with written consent –or– o The court See Mass. R. Civ. P. 15(a). This template motion is to be used under the first scenario, when a party seeks to amend a pleading as of right. For information on amendments with leave, see Motion to Amend Pleading on Consent (MA) and Motion for Leave to Amend Complaint (MA). A party may amend a pleading as of right: • Once before a responsive pleading is served or prior to dismissal –or– • Within 20 days after the pleading is served See Mass. R. Civ. P. 15(a). An amendment as of right most commonly occurs within 20 days after a plaintiff serves their original complaint because this 20-day period aligns with the 20-day deadline for a defendant to file a responsive pleading under Mass. R. Civ. P. 12, unless ordered otherwise by the court. Responding to amended pleadings. Parties responding to an amended pleading shall file their responsive pleading within either (i) the time remaining for response to the original pleading or (ii) within 10 days after service of the amended pleading, whichever period is longer, unless the court otherwise orders. Mass. R. Civ. P. 15(a). For templates related to making the motion to amend as of right, see Notice of Motion (MA). For templates to be used while drafting amended complaints and answers, see Complaint (MA) and Answer including Counterclaims and Crossclaims (MA). For more information on drafting pleadings, see Commencing a Lawsuit: Drafting the Complaint (MA) and Responding to the Complaint (MA). To learn how to make, file, and serve motions, see Filing Civil Motions in Superior Court Checklist (MA). For more information on making motions in Massachusetts state courts generally, see Motion Practice Resource Kit (MA).