Rule 4.3.Arrest: Supplementary Process: Ne Exeat

Part II. Commencement of Action; Service of Process, Pleadings, Motions and Orders · Last verified September 4, 2026

In one sentenceRule 4.3 bars civil arrest in these actions except for civil contempt or where a statute allows it, and keeps a narrow ne exeat remedy for a defendant who may leave the Commonwealth and frustrate a judgment or order.

Full Text of Rule 4.3

Text sizeJump to: (a) (b) (c)

(a) Arrest; Availability of Remedy. Except in cases of civil contempt or as specifically authorized by law, no civil arrest shall be permitted in connection with any action under these rules, except as provided in section (c) of this rule. (Identical to Mass.R.Civ.P 4.3(a))

(b) Deleted.

(c) Ne Exeat. An order of arrest may be entered upon motion with or without notice when the plaintiff has obtained a judgment or order requiring the performance of an act, the neglect or refusal to perform which would be punishable by the court as a contempt, and where the defendant is not a resident of the Commonwealth or is about to depart therefrom, by reason of which nonresidence or departure there is danger that such judgment or order will be rendered ineffectual. The motion shall be accompanied by an affidavit showing that the plaintiff is entitled to the relief requested. The court may fix such terms as are just, and shall in any event afford the defendant an opportunity to obtain his release by the giving of an appropriate bond. In this rule the words "plaintiff" and "defendant" mean respectively the party who has obtained the judgment or order and the person whose arrest is sought. (Identical to Mass.R.Civ.P 4.3(c))

End

Plain-English Summary

Rule 4.3 has three subsections, and the middle one is deleted. What remains is a prohibition and a narrow exception to it.

The prohibition

Subsection (a) provides that except in cases of civil contempt or as specifically authorized by law, no civil arrest is permitted in connection with any action under these rules, except as (c) provides. Civil contempt is carved out at the front of the sentence, which matters in a court where complaints for contempt are ordinary business.

Ne exeat

Subsection (c) preserves an old remedy in modern terms. An order of arrest may enter, on motion with or without notice, when four things line up: the plaintiff has obtained a judgment or order requiring performance of an act; neglect or refusal to perform it would be punishable as contempt; the defendant is not a resident of the Commonwealth or is about to depart from it; and by reason of that non-residence or departure there is danger the judgment or order will be rendered ineffectual.

The motion must be accompanied by an affidavit showing entitlement to the relief. The court may fix such terms as are just and must in any event give the defendant a way out by posting an appropriate bond. The rule ends by defining its own vocabulary: "plaintiff" means the party who obtained the judgment or order, and "defendant" the person whose arrest is sought — so the labels follow the enforcement posture, not the original caption.

Note what the remedy is for. It secures compliance with an existing judgment or order against someone who is leaving. It is not a way to hold a party at the start of a case.

Frequently Asked Questions

Can someone be arrested in a Massachusetts divorce case?

Rule 4.3(a) bars civil arrest in actions under these rules except in cases of civil contempt, where a statute specifically authorizes it, or under the ne exeat provision in Rule 4.3(c).

What is ne exeat?

An order of arrest aimed at a party who is about to leave the Commonwealth. Under Rule 4.3(c) it is available where the plaintiff already holds a judgment or order requiring an act, non-performance would be punishable as contempt, the defendant is a non-resident or about to depart, and that departure creates a danger the judgment or order will be rendered ineffectual.

Can a ne exeat order issue without notice?

The rule allows the motion to be made with or without notice, supported by an affidavit showing the plaintiff is entitled to the relief. The court may fix such terms as are just and must in any event afford the defendant an opportunity to obtain release by giving an appropriate bond.

Who counts as the plaintiff and defendant under this rule?

Rule 4.3(c) defines them for its own purposes: the plaintiff is the party who obtained the judgment or order, and the defendant is the person whose arrest is sought — regardless of how the case was captioned.

Source & verification. Rule text reproduced verbatim from the Massachusetts Rules of Domestic Relations Procedure as published by the Massachusetts Trial Court Law Libraries, current through amendments effective May 1, 2010. Promulgated by the Supreme Judicial Court of Massachusetts. Last verified September 4, 2026. · Official text

Also known as: civil arrestne exeatarrest ordersupplementary process