Rule 3.Commencement of Action
Part II. Commencement of Action; Service of Process, Pleadings, Motions and Orders · Last verified September 4, 2026
Full Text of Rule 3
Plain-English Summary
Rule 3 gives two ways to commence, and the first is worth noticing because most rulesets do not offer it. An action begins either by mailing the complaint and the entry fee to the clerk of the proper court by certified or registered mail, or by filing them with that clerk. Both routes require the fee; a complaint sent without it has not commenced anything.
Two clerks are not involved — the rule says the clerk of the proper court, so venue and department have to be right before the envelope goes out. What the rule does not say is that mailing relates back; it says mailing is one of the two ways to commence, which is a different and stronger proposition for a party filing close to a deadline.
The rule also carries a Land Court sentence, inherited from the civil rule it copies: actions under General Laws chapter 185 for registration or confirmation are commenced by filing a surveyor's plan and complaint on a Land Court form. It has no domestic relations application, and it is there because the domestic relations rule reproduces the civil one.
Commencement matters for two clocks that run from it. Rule 4(j) gives 90 days from the filing of the complaint to serve it. Rule 4.1 and Rule 4.2 both provide that an action seeking attachment or trustee process may be commenced only by filing the complaint together with the motion for approval — so for those cases the mailing route is not available.
Frequently Asked Questions
Can I start a Massachusetts divorce by mail?
Rule 3 provides for it. Mailing the complaint and the entry fee to the clerk of the proper court by certified or registered mail commences the action, as does filing them with the clerk. The fee has to accompany the complaint either way.
When does the clock for serving the complaint start?
Rule 4(j) measures 90 days from the filing of the complaint. If service is not made in that time and the party cannot show good cause, the action is dismissed as to that defendant without prejudice — on the court's own initiative with notice, or on motion.
Why does Rule 3 mention the Land Court?
Because it reproduces the civil rule, which covers the whole Trial Court. The sentence about registration and confirmation actions under chapter 185 has no domestic relations use.
Is there a case where I cannot commence by mail?
Rule 4.1(c) and Rule 4.2(c) both say an action in which attachment or trustee process is sought may be commenced only by filing the complaint with the court together with the motion for approval.