Section 101.02 - Pleadings(1)Initial Pleading.(a) An initial pleading, as used herein, shall refer to any paper or document by which an adjudicatory proceeding may be commenced. Such papers or documents shall include but not be limited to applications, petitions, charges, complaints, protests and appeals.(b) Every initial pleading, as far as possible, shall contain the following: 1. A title which indicates either the nature of the proceedings or the parties involved therein.2. The complete name and address of the party filing the pleading.3. The name of the Division to which the pleading is directed.4. The name and address of all other parties.5. A clear and concise statement of the facts upon which the pleading is maintained.6. A prayer setting forth the relief sought.7. If the party filing the pleading is represented by counsel, the name and address of the attorney.(c) The Division may print or otherwise duplicate forms to be filled out and used as initial pleadings. When such forms are available the Division may require their use.(2)Answer. Any party may file with the Division an answer to an initial pleading within 14 days after service of the document to which the answer is directed. All allegations contained in said initial pleading which are not specifically admitted are deemed denied. All new matters contained in said answer shall be deemed denied. The answer shall contain but not be limited to the following:
(a) A clear and concise statement identifying the party filing the answer and the matter to which the answer relates.(b) A clear and concise statement of all matters upon which the party relies.(3)Replies. There shall be no reply other than an answer as provided in 950 CMR 101.02(2).(4)Amendments to Pleadings. Leave to file amendments to any pleading will be allowed or denied as a matter of discretion; provided, however, leave to amend shall be freely given as justice requires. If amendment is made to an initial pleading, the answer to said amended pleading, if any, shall be filed within seven days.(5)Withdrawal of Pleadings. A party desiring to withdraw a pleading filed with the Division shall file a motion for withdrawal, in accordance with 950 CMR 101.03. If any party has an objection thereto, he shall, within ten days after receipt of said motion, file a statement with the Division setting forth the reasons for his objection and serve a copy of same, in accordance with 950 CMR 101.03, on each party. An objecting party may, as of right, have a hearing on the motion to withdraw if, at the time of filing, he so requests. In the absence of objections or a request for hearing, the motion of withdrawal shall, within 30 days after the filing thereof, be deemed allowed, unless otherwise ordered; provided, however, that this paragraph shall not be construed as effecting withdrawal of the following, unless all parties thereto including the Division so agree: (a) Any pleading in any proceeding in which a hearing has been held.(b) Any formal complaint.