Mass. Gen. Laws » Part III Title II Chapter 231
Massachusetts General Laws

Mass. Gen. Laws ch. 231, § 21 (2026)

Pleading following answer in abatement

✓ text as last checked Sept. 2026 (this copy records no edition or section history)
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Section 21. If an answer in abatement filed in the land court in an action which is not governed by the Massachusetts Rules of Civil Procedure is overruled on demurrer, or, if, in consequence of such answer in abatement, the plaintiff amends, the defendant within such time as the court orders shall plead to the merits.

Notes of Decisions
Cited in 1 case, 2008–2008 · leading case: Commonwealth v. Clemente, 893 N.E.2d 19 (Mass. 2008).
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Commonwealth v. Clemente, 893 N.E.2d 19 (Mass. 2008). “See G. L. c. 231, § 21. Because there was no error, there is no merit to the additional claim that the prosecutor exploited that error by referring in her closing to Damian as a drug dealer in the North End.”
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