# Mass. Trial Ct. Rule 5: Rule 5. Counterclaims

> Massachusetts · Court rules · In force

URL: https://www.frixlaw.com/law-library/statutes/SRULES_MA_MTCR_uniform_summary_process_R5

## Section

- **Citation:** Mass. Trial Ct. Rule 5
- **Heading:** Rule 5. Counterclaims
- **Jurisdiction:** Massachusetts
- **Kind:** Court rules
- **Status:** In force
- **Text as of:** August 14, 2026
- **Source:** Compiled text
- **Location:** Massachusetts Court Rules / Massachusetts Trial Court Rules / uniform-summary-process / Mass. Trial Ct. Rule 5

## Text

Rule 5
Counterclaims shall be permitted in accordance with the provisions of
G.L. c. 239, § 8A
. Counterclaims shall be set forth in the defendant's answer and shall be expressly designated as counterclaims. The right to counterclaim shall be deemed to be waived as to the pending action if such a claim is not filed with the answer pursuant to Rule 3, unless the court shall otherwise order on motion for cause shown. Counterclaims shall not be considered compulsory; that is, they shall not be considered waived for the purpose of a separate civil action or actions if not asserted in a summary process action. No responsive pleading to a counterclaim is necessary.

Commentary
This rule recognizes the statutory right of summary process defendants to assert counterclaims. Counterclaims must be asserted with the defendant's answer. A plaintiff against whom a counterclaim is asserted is not required to answer; but an answer to a counterclaim may be filed prior to or at the time of the trial. The court may, of course, in its discretion grant a motion for a continuance in order to grant a party time to prepare a defense to a counterclaim. Because counterclaims are not compulsory, the court retains discretion to sever a counterclaim which cannot appropriately be heard as part of the summary process action. It would, however, appear to be contrary to the law to sever a counterclaim which is being relied upon as a defense under
G.L. c. 239, § 8A
.
It should be noted that the counterclaim provisions of
G.L. c. 239, § 8A
apply to premises "rented or leased for dwelling purposes".

## Nearby sections

- [Mass. Trial Ct. Rule 1 Rule 1. Scope and applicability of rules](https://www.frixlaw.com/law-library/statutes/SRULES_MA_MTCR_uniform_summary_process_R1.md)
- [Mass. Trial Ct. Rule 2 Rule 2. Form of Summons and Complaint; Entry of action; Scheduling of trial date; Service of Process](https://www.frixlaw.com/law-library/statutes/SRULES_MA_MTCR_uniform_summary_process_R2.md)
- [Mass. Trial Ct. Rule 3 Rule 3. Answer](https://www.frixlaw.com/law-library/statutes/SRULES_MA_MTCR_uniform_summary_process_R3.md)
- [Mass. Trial Ct. Rule 4 Rule 4. Transfer of action](https://www.frixlaw.com/law-library/statutes/SRULES_MA_MTCR_uniform_summary_process_R4.md)
- [Mass. Trial Ct. Rule 5 Rule 5. Counterclaims](https://www.frixlaw.com/law-library/statutes/SRULES_MA_MTCR_uniform_summary_process_R5.md)
- [Mass. Trial Ct. Rule 6 Rule 6. Motions](https://www.frixlaw.com/law-library/statutes/SRULES_MA_MTCR_uniform_summary_process_R6.md)
- [Mass. Trial Ct. Rule 7 Rule 7. Discovery](https://www.frixlaw.com/law-library/statutes/SRULES_MA_MTCR_uniform_summary_process_R7.md)
- [Mass. Trial Ct. Rule 8 Rule 8. Jury Trial](https://www.frixlaw.com/law-library/statutes/SRULES_MA_MTCR_uniform_summary_process_R8.md)
- [Mass. Trial Ct. Rule 9 Rule 9. Equitable relief](https://www.frixlaw.com/law-library/statutes/SRULES_MA_MTCR_uniform_summary_process_R9.md)
- [Mass. Trial Ct. Rule 10 Rule 10. Entry of default; Entry of dismissal; Entry of judgment after trial, default or dismissal; Notice](https://www.frixlaw.com/law-library/statutes/SRULES_MA_MTCR_uniform_summary_process_R10.md)
- [Mass. Trial Ct. Rule 11 Rule 11. Relief from judgment](https://www.frixlaw.com/law-library/statutes/SRULES_MA_MTCR_uniform_summary_process_R11.md)
- [Mass. Trial Ct. Rule 12 Rule 12. Appeals](https://www.frixlaw.com/law-library/statutes/SRULES_MA_MTCR_uniform_summary_process_R12.md)
- [Mass. Trial Ct. Rule 13 Rule 13. Execution](https://www.frixlaw.com/law-library/statutes/SRULES_MA_MTCR_uniform_summary_process_R13.md)

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Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/SRULES_MA_MTCR_uniform_summary_process_R5. Check the current official text before relying on it. Not legal advice.