Rule 18.Joinder of Claims and Remedies
Effective July 1, 1974 · Last verified June 26, 2026
Full Text of Rule 18
Rule History
Effective July 1, 1974.
Reporter’s Notes
(1996)
Prior to the merger of the District Court Rules into the Massachusetts Rules of Civil Procedure, the District Court version of Rule 18(b) contained no reference to fraudulent conveyances. Under the merged set of rules, the reference to fraudulent conveyances is maintained, but the merger itself does not serve to confer jurisdiction on the District Court which otherwise does not exist. See Rule 83.
(1973)
Rule 18(a) works a major change in Massachusetts practice. Under prior law, causes of action could be joined only “when they arise out of the same matter” (Mass.G.L. c. 231 §§ 1A, 7 (part sixth)) or if they belong to the same division of actions (G.L. c. 231 § 1; Mass.G.L. c. 231 § 7 (part fifth)). Legal and equitable claims could not be joined in a single action. Although equity rules were more liberal as to joinder, “multifarious” admixture of claims was forbidden. Coughlin v. Coughlin, 312 Mass. 452, 456, 45 N.E.2d 388, 391-392 (1942); Strasnick v. American Wood Products Corp., 319 Mass. 723, 65 N.E.2d 310 (1946). Now all disputed issues between the parties may be resolved in one lawsuit.
Rule 18(b) accords with case law. In litigation under G.L. c. 214 § 3(8), a single bill in equity “to reach and apply property fraudulently conveyed combine[d] in one proceeding matters both of law and equity. The first [was] the establishment of indebtedness by the defendant to the plaintiff. The second [was] the equitable process for collecting the debt out of property fraudulently conveyed.” Salvucci v. Sheehan, 349 Mass. 659, 662, 212 N.E.2d 243, 244-245 (1965).
The adoption of 18(b) does not, however, permit the plaintiff to bring a single action (1) to establish liability for a tort and (2) to reach and apply the obligation of an insurance company in satisfaction of the judgment. See G.L. c. 214 § 3(9). A specific prohibition against such telescoping is unnecessary, because G.L. c. 214 § 3(9) prohibits a suit being maintained unless the judgment against the tortfeasor has remained unsatisfied for 30 days; see also Rogan v. Liberty Mutual Insurance Co., 305 Mass. 186, 188, 25 N.E.2d 188, 189 (1940).
Plain-English Summary
Rule 18 frees a party to pile on claims. Whoever is asserting a claim—as an original claim, counterclaim, cross-claim, or third-party claim—may join as many claims as it has against an opposing party, whether legal or equitable, and may plead them as independent or alternative theories. Joinder of claims is permissive; the rule lets claims be combined but does not require it.
The rule also lets remedies that once had to come in sequence be sought together. A plaintiff may, in a single action, claim money and ask to set aside a conveyance that is fraudulent as to that plaintiff, without first obtaining a judgment on the underlying debt—though the court grants relief only according to the parties' actual substantive rights.
Frequently Asked Questions
How many claims can I bring against the same party?
As many as you have. Rule 18 lets a party join all of its claims against an opposing party—legal or equitable—as independent or alternative claims in one action.
Can I sue on a debt and to undo a fraudulent transfer at the same time?
Yes. Rule 18(b) lets a plaintiff join a claim for money with a claim to set aside a fraudulent conveyance without first reducing the debt to judgment, though relief still follows the parties' substantive rights.