Massachusetts probate, civil and family deadlines
56 deadlines · Last checked 30 October 2026
Each entry gives the period, what starts it, the citation and the words the rule uses. The short label cannot carry every condition, so read the quotation and the rule itself.
This is reference information, not legal advice. Check the current rule and any local rule or court order before relying on it.
Probate
Massachusetts estate tax return
9 months after the date of death
An executor, as defined in chapter sixty-five C, of the estate of a resident or nonresident decedent, shall, within nine months after the date of the decedent's death, make a return with respect to the tax imposed by chapter sixty-five C
G.L. c. 62C, §17(a) · Checked 30 October 2026 · Read the rule
Creditor action must be started against the personal representative
12 months after the date of death
a personal representative shall not be held to answer to an action by a creditor of the deceased unless such action is commenced within 1 year after the date of death of the deceased and unless, before the expiration of such period, the process in such action has been served by delivery in hand upon such personal representative or service thereof accepted by him or a notice stating the name of the estate, the name and address of the creditor, the amount of the claim and the court in which the action has been brought has been filed with the register.
G.L. c. 190B, §3-803(a), (b), (d) · Checked 30 October 2026 · Read the rule
Ultimate limit to start probate or appointment
36 months after the date of death
No informal probate or appointment proceeding or formal testacy or appointment proceeding ... may be commenced more than 3 years after the decedent's death
G.L. c. 190B, §3-108 · Checked 30 October 2026 · Read the rule
Publish notice of informal probate or appointment
30 days after the date letters were issued
The petitioner shall publish a notice once in a newspaper designated by the register of probate having general circulation in the county where the proceeding is pending, the publication of which is to be not more than thirty days after informal probate or appointment.
G.L. c. 190B, §3-306(b) · Checked 30 October 2026 · Read the rule
Prepare the inventory
3 months after the date letters were issued
Within 3 months after appointment, a personal representative, who is not a successor to another representative, shall prepare an inventory of the property owned by the decedent at the time of death ... The personal representative shall file with the court, or mail to all interested persons whose addresses are reasonably available, a copy of the inventory.
G.L. c. 190B, §3-706(a)-(c) · Checked 30 October 2026 · Read the rule
Earliest day to file a closing statement
6 months after the date letters were issued
a personal representative may close an estate by filing with the court no earlier than 6 months after the date of original appointment of a general personal representative for the estate, a verified statement stating that the personal representatives or a previous personal representative, has:
G.L. c. 190B, §3-1003(a) · Checked 30 October 2026 · Read the rule
Surviving spouse: waive the will and claim the statutory share
6 months after the order admitting the will
The surviving husband or wife of a deceased person, except as provided in section thirty-six of chapter two hundred and nine, within six months after the probate of the will of such deceased, may file in the registry of probate a writing signed by him or by her, waiving any provisions that may have been made in it
G.L. c. 191, §15 · Checked 30 October 2026 · Read the rule
Vacate a formal testacy order: last day before the 12-month limit
12 months after the order admitting the willThe day before this period ends
A petition for vacation under either clause (1) or clause (2) shall be filed prior to the earlier of the following time limits: ... Twelve months after the entry of the order sought to be vacated.
G.L. c. 190B, §3-412(3) · Checked 30 October 2026 · Read the rule
Contest an informally probated will (12-month limb)
12 months after the order admitting the will
a proceeding to contest an informally probated will and to secure appointment of the person with legal priority for appointment in the event the contest is successful, may be commenced within the later of 12 months from the informal probate or 3 years from the decedent's death
G.L. c. 190B, §3-108(3) · Checked 30 October 2026 · Read the rule
Civil
Serve summons and complaint on each defendant
90 days after the complaint was filedThe day it lapses
If a service of the summons and complaint is not made upon a defendant within 90 days after the filing of the complaint and the party on whose behalf such service was required cannot show good cause why such service was not made within that period, the action shall be dismissed as to that defendant without prejudice
Mass.R.Civ.P. 4(j) · Checked 30 October 2026 · Read the rule
Answer or Rule 12 motion due
20 days after the summons and complaint were served
After service upon him of any pleading requiring a responsive pleading, a party shall serve such responsive pleading within 20 days unless otherwise directed by order of the court.
Mass.R.Civ.P. 12(a)(1) · Checked 30 October 2026 · Read the rule
Special motion to dismiss (anti-SLAPP)
60 days after the summons and complaint were served
Said special motion to dismiss may be filed within sixty days of the service of the complaint or, in the court's discretion, at any later time upon terms it deems proper.
G.L. c. 231, §59H · Checked 30 October 2026 · Read the rule
Reply to counterclaim or answer to cross-claim due
20 days after the counterclaim was served
After service upon him of any pleading requiring a responsive pleading, a party shall serve such responsive pleading within 20 days unless otherwise directed by order of the court.
Mass.R.Civ.P. 12(a)(1) · Checked 30 October 2026 · Read the rule
Responsive pleading due after the court acts on a Rule 12 motion
10 days after the court decided the motion
if the court denies the motion or postpones its disposition until the trial on the merits, the responsive pleading shall be served within 10 days after notice of the court's action; (ii) if the court grants a motion for a more definite statement, the responsive pleading shall be served within 10 days after the service of the more definite statement.
Mass.R.Civ.P. 12(a)(2) · Checked 30 October 2026 · Read the rule
Serve the more definite statement the court ordered
10 days after the court decided the motion
If the motion is granted and the order of the court is not obeyed within 10 days after notice of the order or within such time as the court may fix, the court may strike the pleading
Mass.R.Civ.P. 12(e) · Checked 30 October 2026 · Read the rule
Superior Court: motion to reconsider for error in the ruling
21 days after the court decided the motion
A Motion for Reconsideration based on a particular and demonstrable error in the original ruling or decision must be served pursuant to Rule 9A within 21 days of entry of the original ruling or decision.
Mass. Super. Ct. R. 9D · Checked 30 October 2026 · Read the rule
Response to amended pleading due
10 days after the amended pleading was served
A party shall plead in response to an amended pleading within the time remaining for response to the original pleading or within 10 days after service of the amended pleading, whichever period may be the longer, unless the court otherwise orders.
Mass.R.Civ.P. 15(a) · Checked 30 October 2026 · Read the rule
Interrogatory answers and objections due
45 days after the discovery requests were served
The party upon whom the interrogatories have been served shall serve answers and objections, if any, within 45 days after the service of the interrogatories. The court may, on motion with or without notice, specify a shorter or longer time.
Mass.R.Civ.P. 33(a)(3) · Checked 30 October 2026 · Read the rule
Written response to document requests due
30 days after the discovery requests were served
The party upon whom the request is served shall serve a written response within 30 days after the service of the request, except that a defendant may serve a response within 45 days after service of the summons and complaint upon that defendant. The court may allow a shorter or longer time.
Mass.R.Civ.P. 34(b)(2)(A) · Checked 30 October 2026 · Read the rule
Response to requests for admission due (or deemed admitted)
30 days after the discovery requests were served
The matter is admitted unless, within 30 days after service of the request, or within such shorter or longer time as the court may allow, the party to whom the request is directed serves upon the party requesting the admission ... a defendant shall not be required to serve answers or objections before the expiration of 45 days after service of the summons and complaint upon him.
Mass.R.Civ.P. 36(a) · Checked 30 October 2026 · Read the rule
Superior Court: opposition to summary judgment due
21 days after the motion was served
Within 21 days after service of the Motion Papers, any party opposing the motion must serve on the moving party the original and one copy of the Opposition, and must serve on all other parties one copy of the Opposition.
Mass. Super. Ct. R. 9A(b)(3), (b)(5)(iii) · Checked 30 October 2026 · Read the rule
Serve motion and notice of hearing
7 days before the hearing
A written motion, other than one which may be heard ex parte, and notice of the hearing thereof shall be served not later than 7 days before the time specified for the hearing, unless a different period is fixed by these rules or by order of the court.
Mass.R.Civ.P. 6(c) · Checked 30 October 2026 · Read the rule
Serve opposing affidavits
1 court day before the hearing
opposing affidavits may be served not later than 1 day before the hearing, unless the court permits them to be served at some other time.
Mass.R.Civ.P. 6(c) · Checked 30 October 2026 · Read the rule
Serve summary-judgment motion
10 days before the hearing
The motion shall be served at least 10 days before the time fixed for the hearing.
Mass.R.Civ.P. 56(c) · Checked 30 October 2026 · Read the rule
Last day to serve an offer of judgment
11 days before trial
At any time more than 10 days before the trial begins, a party defending against a claim may serve upon the adverse party an offer to allow judgment to be taken against him
Mass.R.Civ.P. 68 · Checked 30 October 2026 · Read the rule
Motion for judgment notwithstanding the verdict
10 days after judgment was entered
Not later than 10 days after entry of judgment, a party who has moved for a directed verdict may serve a motion to have the verdict and any judgment entered thereon set aside
Mass.R.Civ.P. 50(b), 6(b) · Checked 30 October 2026 · Read the rule
Motion to amend findings
10 days after judgment was entered
Upon motion of a party made not later than 10 days after entry of judgment the court may amend its findings or make additional findings and may amend the judgment accordingly.
Mass.R.Civ.P. 52(b), 6(b) · Checked 30 October 2026 · Read the rule
Motion for new trial
10 days after judgment was entered
A motion for a new trial shall be served not later than 10 days after the entry of judgment.
Mass.R.Civ.P. 59(b), 6(b) · Checked 30 October 2026 · Read the rule
Motion to alter or amend the judgment
10 days after judgment was entered
A motion to alter or amend the judgment shall be served not later than 10 days after entry of the judgment.
Mass.R.Civ.P. 59(e), 6(b) · Checked 30 October 2026 · Read the rule
Outer limit for Rule 60(b)(1)-(3) relief
12 months after judgment was entered
The motion shall be made within a reasonable time, and for reasons (1), (2), and (3) not more than one year after the judgment, order or proceeding was entered or taken.
Mass.R.Civ.P. 60(b) · Checked 30 October 2026 · Read the rule
Notice of appeal
30 days after judgment was entered
the notice of appeal required by Rule 3 shall be filed with the clerk of the lower court(i) within 30 days of the date of the entry of the judgment, decree, appealable order, or adjudication appealed from
Mass.R.App.P. 4(a)(1)(A)(i); G.L. c. 215, §9 · Checked 30 October 2026 · Read the rule
Notice of appeal where the Commonwealth is a party
60 days after judgment was entered
if the Commonwealth or an officer or agency thereof is a party, the notice of appeal may be filed by any party within 60 days of such entry, except(iii) in child welfare cases, in which the notice of appeal shall be filed within 30 days
Mass.R.App.P. 4(a)(1)(A)(ii)-(iii) · Checked 30 October 2026 · Read the rule
Notice of appeal by another party
14 days after the first notice of appeal was filed
If a timely notice of appeal is filed by a party, any other party may file a notice of appeal within 14 days of the date on which the first notice of appeal was filed, or within 14 days of when the first notice becomes effective pursuant to Rule 4(a)(2)(B), or within the time otherwise prescribed by this rule, whichever period last expires.
Mass.R.App.P. 4(a)(1)(C) · Checked 30 October 2026 · Read the rule
Civil notes
No day is worked out for these. Read the rule.
Which set of rules
the Probate and Family Court in proceedings seeking equitable relief
Mass.R.Civ.P. 1; Mass.R.Dom.Rel.P. 1 · Checked 30 October 2026 · Read the rule
Superior Court: the tracking order sets the case schedule
After the plaintiff has filed an action and in accordance with the track designated by the plaintiff, the clerk shall issue a tracking order establishing the tracking deadlines for completion of the stages of litigation. Specific dates for the tracking deadlines shall be included in the tracking order. The Court shall send the tracking order to counsel of record by email and to self-represented litigants by email or regular mail.
Mass. Super. Ct. Standing Order 1-88 · Checked 30 October 2026 · Read the rule
Superior Court: summary judgment dates follow the tracking order
The following tracking deadlines shall be mandatory except as modified by order of the Session Judge or Regional Administrative Justice. Documents filed outside the tracking deadlines without leave of court need not be acted on by the Court, even if filed by agreement between the parties.
Mass. Super. Ct. Standing Order 1-88, Part F; Joint Standing Order 2-04 · Checked 30 October 2026 · Read the rule
Superior Court: file a Notice of Motion to Dismiss
in order to avoid the entry of a default for failure to respond in a timely fashion, a party responding by a motion to dismiss must serve the motion on all parties pursuant to Superior Court Rule 9A(b)(2) and, in a timely manner, must also file with the court a simple "Notice of Motion to Dismiss"
Mass. Super. Ct. R. 9E · Checked 30 October 2026 · Read the rule
Third-party complaint without leave: 20 days after the original answer is served
The third-party plaintiff need not obtain leave to make the service if he files the third-party complaint not later than 20 days after he serves his original answer.
Mass.R.Civ.P. 14(a) · Checked 30 October 2026 · Read the rule
Jury demand: 10 days after the last pleading on the issue
at any time after the commencement of the action and not later than 10 days after the service of the last pleading directed to such issue.
Mass.R.Civ.P. 38(b)-(d), 5(d) · Checked 30 October 2026 · Read the rule
Amendment as of course
A party may amend his pleading once as a matter of course at any time before a responsive pleading is served and prior to entry of an order of dismissal
Mass.R.Civ.P. 15(a) · Checked 30 October 2026 · Read the rule
Electronically stored information conference
Upon the written request of any party made no later than 90 days after the service of the first responsive pleading by any defendant, the parties shall confer regarding electronically stored information.
Mass.R.Civ.P. 26(f)(2)(A)-(C) · Checked 30 October 2026 · Read the rule
Final request for answers to interrogatories
shall serve the answers or objections either within 30 days from the date of service of the final request or prior to the filing of an application for a final judgment for relief or dismissal, whichever is later.
Mass.R.Civ.P. 33(a)(3)-(4) · Checked 30 October 2026 · Read the rule
E-mail served on a weekend counts from the next business day
Any document served by e-mail on a Saturday, Sunday, or legal holiday shall be considered served the next business day.
Mass.R.Civ.P. 5(b)(1)(C)-(D) · Checked 30 October 2026 · Read the rule
Superior Court: moving party files the Rule 9A package
Within 10 days of service of the Opposition, the moving party must either (1) file the Rule 9A Package with the court or (2) notify all parties that the motion has been withdrawn and will not be filed.
Mass. Super. Ct. R. 9A(b)(2)(ii), (b)(3), (b)(4)(ii); Mass.R.Civ.P. 6(d) · Checked 30 October 2026 · Read the rule
Superior Court: Rule 9C conference comes first
Counsel for each of the parties shall confer in advance of filing any motion, except motions governed by Rule 9A(d) and Standing Order 1-96, and make a good faith effort to narrow areas of disagreement to the fullest extent. ... All such motions shall include a certificate stating that the conference required by this Rule was held, together with the date and time of the conference and the names of all participating parties, or that the conference was not held despite reasonable efforts by the moving party to initiate the conference
Mass. Super. Ct. R. 9C(a) · Checked 30 October 2026 · Read the rule
Default judgment hearing: 14 days' notice
The notice shall be sent at least fourteen days prior to the date of hearing by first-class mail to the last known address or by other means approved by the court.
Mass.R.Civ.P. 55(b)(2) · Checked 30 October 2026 · Read the rule
Superior Court: expert disclosure goes in the pre-trial memorandum
A joint pre-trial memorandum shall be filed with the Court no less than five business days before the final pre-trial conference.
Mass. Super. Ct. R. 30B(a); Standing Order 1-88, Part F · Checked 30 October 2026 · Read the rule
Post-judgment motions and the appeal period
A party intending to challenge an order disposing of any motion listed in Rule 4(a)(2)(A), or a judgment's alteration or amendment upon such a motion, must file a notice of appeal, or an amended notice of appeal, within the time prescribed by this Rule measured from the entry of the order disposing of the last such remaining motion.
Mass.R.App.P. 4(a)(2)(A)-(C) · Checked 30 October 2026 · Read the rule
Extending the time to appeal
the lower court may extend the time for filing the notice of appeal or notice of cross appeal by any party for a period not to exceed 30 days from the expiration of the time otherwise prescribed by this rule.
Mass.R.App.P. 4(c), 14(b) · Checked 30 October 2026 · Read the rule
Superior Court: file a Notice of Motion for post-trial motions
must also file with the court a simple "Notice of Motion" reciting the title of the motion and the date of its service on the parties.
Mass. Super. Ct. R. 9E · Checked 30 October 2026 · Read the rule
Family
Serve summons and complaint on the defendant
90 days after the petition was filedThe day it lapses
If a service of the summons and complaint is not made upon a defendant within 90 days after the filing of the complaint and the party on whose behalf such service was required cannot show good cause why such service was not made within that period, the action shall be dismissed as to that defendant without prejudice
Mass.R.Dom.Rel.P. 4(j) · Checked 30 October 2026 · Read the rule
Earliest hearing on a contested no-fault divorce (§1B)
6 months after the petition was filedEarliest day, not a last day
No earlier than six months after the filing of the complaint, there shall be a hearing and the court may enter a judgment of divorce nisi
G.L. c. 208, §1B · Checked 30 October 2026 · Read the rule
Joint petition (§1A): file the notarized separation agreement
90 days after the petition was filed
In the event the notarized separation agreement has not been filed at the time of the commencement of the action, it shall in any event be filed with the court within ninety days following the commencement of said action.
G.L. c. 208, §1A · Checked 30 October 2026 · Read the rule
Answer due
20 days after the petition was served
After service upon him of any pleading requiring a responsive pleading, a party shall serve such responsive pleading within 20 days unless otherwise directed by order of the court.
Mass.R.Dom.Rel.P. 12(a)(1) · Checked 30 October 2026 · Read the rule
File and deliver financial statement
45 days after the petition was served
each party to a divorce or separate support action or any other domestic relations action where financial relief is requested, shall file with the court and shall deliver to the other party within 45 days from the date of the service of the summons, a complete and accurate financial statement
Supp. R. Prob. & Fam. Ct. 401(a) · Checked 30 October 2026 · Read the rule
Mandatory self-disclosure documents
45 days after the petition was served
each party to a divorce action, each party to a complaint for separate support ... shall deliver to the other party or parties within 45 days from the date of service of the summons the following documents
Supp. R. Prob. & Fam. Ct. 410(a) · Checked 30 October 2026 · Read the rule
Register for the co-parenting education course
30 days after the petition was served
Parents must register for the "Two Families Now" course within thirty (30) calendar days of service of the complaint and complete the online course within thirty (30) days of registering.
Prob. & Fam. Ct. Standing Order 3-23 · Checked 30 October 2026 · Read the rule
Reply to counterclaim or answer to cross-claim due
20 days after the counterclaim was served
After service upon him of any pleading requiring a responsive pleading, a party shall serve such responsive pleading within 20 days unless otherwise directed by order of the court.
Mass.R.Dom.Rel.P. 12(a)(1) · Checked 30 October 2026 · Read the rule
Responsive pleading due after the court acts on a Rule 12 motion
10 days after the court decided the motion
if the court denies the motion or postpones its disposition until the trial on the merits, the responsive pleading shall be served within 10 days after notice of the court's action; (ii) if the court grants a motion for a more definite statement, the responsive pleading shall be served within 10 days after the service of the more definite statement.
Mass.R.Dom.Rel.P. 12(a)(2) · Checked 30 October 2026 · Read the rule
Response to amended pleading due
10 days after the amended pleading was served
A party shall plead in response to an amended pleading within the time remaining for response to the original pleading or within 10 days after service of the amended pleading, whichever period may be the longer, unless the court otherwise orders.
Mass.R.Dom.Rel.P. 15(a) · Checked 30 October 2026 · Read the rule
Interrogatory answers and objections due
30 days after the discovery requests were served
shall serve the answers and objections, if any, within 30 days after the service of the interrogatories, except that a defendant may serve answers or objections within 45 days after service of the summons and complaint upon the defendant. The court may allow a shorter or longer time.
Mass.R.Dom.Rel.P. 33(a) · Checked 30 October 2026 · Read the rule
Written response to document requests due
30 days after the discovery requests were served
The party upon whom the request is served shall serve a written response within 30 days after the service of the request, except that a defendant may serve a response within 45 days after service of the summons and complaint upon that defendant. The court may allow a shorter or longer time.
Mass.R.Dom.Rel.P. 34(b) · Checked 30 October 2026 · Read the rule
Response to requests for admission due (or deemed admitted)
30 days after the discovery requests were served
The matter is admitted unless, within 30 days after service of the request, or within such shorter or longer time as the court may allow, the party to whom the request is directed serves upon the party requesting the admission ... a defendant shall not be required to serve answers or objections before the expiration of 45 days after service of the summons
Mass.R.Dom.Rel.P. 36(a) · Checked 30 October 2026 · Read the rule
Serve motion, notice of hearing and proposed order
7 days before the hearing
A written motion, other than one which may be heard ex parte, and notice of the hearing thereof shall be served not later than seven (7) days before the time specified for the hearing, unless a different period is fixed by these rules or by order of the court.
Mass.R.Dom.Rel.P. 6(c), 5(b) · Checked 30 October 2026 · Read the rule
Serve opposing memoranda or affidavits
1 court day before the hearing
opposing memoranda or affidavits must be served not later than one (1) business day before the hearing, unless the court permits them to be served at some other time.
Mass.R.Dom.Rel.P. 6(c) · Checked 30 October 2026 · Read the rule
Financial statements before a temporary-orders hearing or pretrial conference
2 court days before the hearing
In the event a hearing on a motion for temporary orders, or a pretrial conference is scheduled by either party prior to the expiration of the 45 day period, financial statements by both parties shall be filed with the court and exchanged between the parties no later than two (2) business days prior to the hearing or the conference
Supp. R. Prob. & Fam. Ct. 401(b) · Checked 30 October 2026 · Read the rule
Serve summary-judgment motion (not available in divorce or custody)
10 days before the hearing
A party may move for summary judgment subsequent to the commencement of any proceeding under these rules except in actions for divorce or in actions for custody or visitation or for criminal contempt. ... The motion shall be served at least ten (10) days before the time fixed for the hearing.
Mass.R.Dom.Rel.P. 56(a) · Checked 30 October 2026 · Read the rule
Opposition to summary judgment (file and serve)
3 court days before the hearing
Any party opposing a motion for summary judgment shall file and serve no later than three (3) days before the time fixed for the hearing, unless the court otherwise orders
Mass.R.Dom.Rel.P. 56(b), 6(a) · Checked 30 October 2026 · Read the rule
Notice of appeal by another party
14 days after the first notice of appeal was filed
If a timely notice of appeal is filed by a party, any other party may file a notice of appeal within 14 days of the date on which the first notice of appeal was filed, or within 14 days of when the first notice becomes effective pursuant to Rule 4(a)(2)(B), or within the time otherwise prescribed by this rule, whichever period last expires.
Mass.R.App.P. 4(a)(1)(C) · Checked 30 October 2026 · Read the rule
Notice of appeal
30 days after the judgment was entered
the notice of appeal required by Rule 3 shall be filed with the clerk of the lower court(i) within 30 days of the date of the entry of the judgment, decree, appealable order, or adjudication appealed from
Mass.R.App.P. 4(a)(1)(A)(i); G.L. c. 215, §9 · Checked 30 October 2026 · Read the rule
Notice of appeal where the Commonwealth is a party
60 days after the judgment was entered
if the Commonwealth or an officer or agency thereof is a party, the notice of appeal may be filed by any party within 60 days of such entry, except(iii) in child welfare cases, in which the notice of appeal shall be filed within 30 days
Mass.R.App.P. 4(a)(1)(A)(ii)-(iii) · Checked 30 October 2026 · Read the rule
Motion for new trial
10 days after the judgment was entered
A motion for a new trial shall be served not later than 10 days after the entry of judgment.
Mass.R.Dom.Rel.P. 59(b), 6(b) · Checked 30 October 2026 · Read the rule
Motion to alter or amend the judgment
10 days after the judgment was entered
A motion to alter or amend the judgment shall be served not later than 10 days after entry of the judgment.
Mass.R.Dom.Rel.P. 59(e), 6(b) · Checked 30 October 2026 · Read the rule
Motion to amend findings
10 days after the judgment was entered
Upon motion of a party made not later than 10 days after entry of its findings the court may amend its findings or make additional findings and may amend the judgment accordingly.
Mass.R.Dom.Rel.P. 52(b), 6(b) · Checked 30 October 2026 · Read the rule
Outer limit for Rule 60(b)(1)-(3) relief
12 months after the judgment was entered
The motion shall be made within a reasonable time, and for reasons (1), (2), and (3) not more than one year after the judgment, order or proceeding was entered or taken.
Mass.R.Dom.Rel.P. 60(b) · Checked 30 October 2026 · Read the rule
Earliest day a judgment of divorce nisi is absolute
90 days after the judgment was enteredEarliest day, not a last day: the day after this period
Judgments of divorce shall in the first instance be judgments nisi, and shall become absolute after the expiration of ninety days from the entry thereof, unless the court within said period, for sufficient cause, upon application of any party to the action, otherwise orders.
G.L. c. 208, §21 · Checked 30 October 2026 · Read the rule
Family notes
No day is worked out for these. Read the rule.
Extending the time to appeal
the lower court may extend the time for filing the notice of appeal or notice of cross appeal by any party for a period not to exceed 30 days from the expiration of the time otherwise prescribed by this rule.
Mass.R.App.P. 4(c), 14(b) · Checked 30 October 2026 · Read the rule
Which set of rules
These rules govern the procedure in the Probate and Family Court Department in all proceedings for divorce, separate support, and custody of minor children
Mass.R.Dom.Rel.P. 1, 33(a) · Checked 30 October 2026 · Read the rule
Track and discovery deadlines come from the court's notice
The notice shall inform the plaintiff that, because no return of service has been filed to show that service was made within 90 days of filing as required by Mass. R. Civ. P./Mass. R. Dom. Rel. P. 4 (j), the case will be dismissed 21 days after the date of the notice unless the plaintiff files the return of service showing that service was made within ninety (90) days after the filing of the complaint or unless within those twenty-one (21)days, the plaintiff files and has scheduled a motion for extension of time which shows good cause why service was not made within ninety (90) days after the filing of the complaint.
Prob. & Fam. Ct. Standing Orders 1-06, 2-25 · Checked 30 October 2026 · Read the rule
Joint petition (§1A): when the nisi enters
Thirty days from the time that the court has given its initial approval to a dissolution agreement of the parties ... a judgment of divorce nisi shall be entered without further action by the parties.
G.L. c. 208, §§1A, 21 · Checked 30 October 2026 · Read the rule
Automatic restraining order applies on service
This automatic restraining order shall be effective with regard to the plaintiff upon the filing of the complaint by the plaintiff or the plaintiff's counsel and with regard to the defendant upon service of the summons and complaint
Supp. R. Prob. & Fam. Ct. 411(a) · Checked 30 October 2026 · Read the rule
Inactive cases are noticed for dismissal
a motion to avoid the proposed dismissal is filed and presented to the court with an explanation of what steps will be taken for the case to proceed. The motion may be presented administratively. ... Unless a motion to avoid the dismissal has been allowed by the court, after the sixtieth day following the sending of the notice, the register shall enter a judgment of dismissal without prejudice
Supp. R. Prob. & Fam. Ct. 408(2)(b), (3) · Checked 30 October 2026 · Read the rule
E-mail service in family cases rests on a standing order
are served upon them by email, three (3) days shall be added to the prescribed period.
Prob. & Fam. Ct. Standing Order 4-20; Mass.R.Dom.Rel.P. 5(b), 6(d); Mass.R.E.F. 1(a), 7(e) · Checked 30 October 2026 · Read the rule
Post-judgment motions and the appeal period
If a motion is made or served in a timely manner under the Massachusetts Rules of Civil Procedure and filed with the lower court by any party
Mass.R.App.P. 4(a)(2)(A)-(C); Prob. & Fam. Ct. Standing Order 2-99 · Checked 30 October 2026 · Read the rule
Counting days under the court rules
the day of the act, event, or default after which the designated period of time begins to run shall not be included. The last day of the period so computed shall be included, unless it is a Saturday, a Sunday, or a legal holiday, in which event the period runs until the end of the next day which is not a Saturday, a Sunday, or a legal holiday. When the period of time prescribed or allowed is less than 7 days, intermediate Saturdays, Sundays, and legal holidays shall be excluded in the computation.
Mass.R.Civ.P. 6(a) · Checked 30 October 2026 · Read the rule
Counting one of these from a real date? Try the date calculator, or look around a sample workspace.
This is reference information, not legal advice. Check the current rule and any local rule or court order before relying on it.