Part II. Commencement of Action; Service of Process, Pleadings, Motions and Orders · Last amended May 1, 2009 · Last verified September 4, 2026
In one sentenceRule 4 governs the summons and service of process, and it carries the domestic relations set's most distinctive provision: in paternity, support, modification and contempt cases service may be made at the defendant's last and usual place of abode with a mailing, rather than in hand.
(a)Summons: Issuance. Upon commencing the action the plaintiff or his attorney shall deliver a copy of the complaint and a summons for service to the sheriff, deputy sheriff, or special sheriff; any other person duly authorized by law; a person specifically appointed to serve them; or as otherwise provided in subdivision (c) of this rule. Upon request of the plaintiff separate or additional summons shall issue against any defendant. The summons may be procured in blank from the clerk, and shall be filled in by the plaintiff or the plaintiff's attorney in accordance with Rule 4(b). (Identical to Mass.R.Civ.P. Rule 4(a).)
(b)Same: Form. The summons shall bear the signature or facsimile signature of the clerk; be under the seal of the court; be in the name of the Commonwealth of Massachusetts; bear teste of the first justice of the court to which it shall be returnable who is not a party; contain the name of the court and the names of the parties; be directed to the defendant; state the name and address of the plaintiff's attorney, if any, otherwise the plaintiff's address, and the time within which these rules require the defendant to appear and defend; and shall notify him that in case of his failure to do so judgment by default may be rendered against him for the relief demanded in the complaint. (Identical to Mass.R.Civ.P. Rule 4(b).)
(c)By Whom Served. Except as otherwise permitted by paragraph (h) of this rule, service of all process shall be made by a sheriff, by his deputy, or by a special sheriff; by any other disinterested person; by any other person duly authorized by law; by some person specially appointed by the court for that purpose; or in the case of service of process outside the Commonwealth, by an individual permitted to make service of process under the law of this Commonwealth or under the law of the place in which the service is to be made, or who is designated by a court of this Commonwealth. A subpoena may be served as provided in Rule 45. Notwithstanding the provisions of this paragraph (c), wherever in these rules service is permitted to be made by certified or registered mail, the mailing may be accomplished by the party or his attorney.
(d)Summons: Personal Service Within the Commonwealth. The summons and a copy of the complaint shall be served together. The plaintiff shall furnish the person making service with such copies as are necessary. Service shall be made as follows:
(1)The defendant, whether within or without the Commonwealth, may accept personal service by written endorsement of his duly notarized acceptance of service on the summons or other process. In the event that service is not so accepted, service shall be made as set forth hereafter:
(2)Upon an individual by delivering a copy of the summons and of the complaint to him personally. In complaints seeking establishment of paternity or for support of a child born out of wedlock, complaints for support of a spouse or child under Chapter 209, § 32F, for actions under Chapter 209D, for contempt and complaints for modification only, upon an individual:
(i)by delivering a copy of the summons and complaint to him personally, or
(ii)by leaving a copy of the summons and complaint at his last and usual place of abode and by mailing copies thereof to the defendant. Notice under this subsection shall be proved by affidavit containing a particular statement thereof.
(3)If the person authorized to serve process makes return that after diligent search he cannot find the defendant, or if it appears that a defendant resides outside of the Commonwealth or is of parts unknown, the court may on application of the plaintiff issue an order of notice in the manner and form prescribed by law.
(4)If personal service shall not be made as aforesaid, such notice in the form ordered by the court shall be served by publishing a copy of the said notice once in some newspaper designated by the Register or the court and by mailing a copy of such notice by registered or certified mail, if practicable, to the defendant at his last known address. The defendant shall file his answer or other responsive pleading within the time periods allowed under these rules computed as if the date of publication were the date on which personal service was made.
(5)Service of publication and mailing shall be proved by affidavit containing a particular statement thereof, accompanied by a copy of the advertisement (or tear sheet) of the newspaper containing the publication and, if practicable, by the return receipt showing receipt of a copy sent by registered or certified mail.
(6)The court shall require proof of actual notice when practicable. If such notice is not shown to have been received by the defendant, the complaint shall not be assigned for hearing until the expiration of three months after the publication date, date of service at a last and usual place of abode, or date of a mailing to the last known address of the defendant if such service has been ordered by the court. Nothing in this rule shall prevent hearing of a motion for temporary orders or issuance of temporary orders prior to the expiration of three months, provided notice of the motion and hearing has been mailed to the defendant's last and usual place of abode in accordance with Rules 5 and 6.
(e)Same. Personal Service Outside the Commonwealth. When any statute or law of the Commonwealth authorizes service of process outside the Commonwealth, the service shall be made by delivering a copy of the summons and of the complaint: (1) in any appropriate manner prescribed in subdivision (d) of this Rule; or (2) in the manner prescribed by the law of the place in which the service is made for service in that place in an action in any of its courts of general jurisdiction; or (3) by any form of mail addressed to the person to be served and requiring a signed receipt; or (4) as directed by the appropriate foreign authority in response to a letter rogatory; or (5) as directed by order of the court. (Identical to Mass.R.Civ.P.Rule 4(e).)
(f)Return. The person serving the process shall make proof of service thereof in writing to the court promptly and in any event within the time during which the person served must respond to the process. The person making return of service shall state in his return of service that a copy of the summons and complaint was delivered by him in hand to the defendant and shall further state the date on which and the place where such service was made. If service is made by a person other than a sheriff, deputy sheriff, or special sheriff, he shall make affidavit thereof. Proof of service outside the Commonwealth may be made by affidavit of the individual who made the service or in the manner prescribed by the law of the Commonwealth, or the law of the place in which the service is made for proof of service in an action in any of its courts of general jurisdiction. When service is made by mail, proof of service shall include a receipt signed by the addressee or such other evidence of personal delivery to the addressee as may be satisfactory to the court. Failure to make proof of service does not affect the validity of the service.
(g)Amendment. At any time in its discretion and upon such terms as it deems just, the court may allow any process or proof of service thereof to be amended, unless it clearly appears that material prejudice would result to the substantial rights of the party against whom the process is issued. (Identical to Mass.R.Civ.P. 4(g).)
(h)Certain Actions in Probate Courts: Service. Notwithstanding any other provision of these rules, in actions in the Probate Courts in the nature of petitions for instructions or for the allowance of accounts, service may be made in accordance with G.L. c. 215, § 46, in such manner and form as the court may order. (Identical to Mass.R.Civ.P. 4(h).)
(j)Summons: Time Limit for Service. 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 upon the court's own initiative with notice to such party or upon motion. (Identical to Mass.R.Civ.P. 4(j).)
End
Rule History
Amended effective January 1, 1976; amended effective March 8, 1976; amended January 16, 1979, effective February 12, 1979; amended November 16, 1979, effective December 17, 1979; amended effective January 1, 1983; amended June 27, 1983, effective July 1, 1983; amended July 18, 1988, effective August 1, 1988; amended August 5, 1992, effective September 1, 1992; amended January 6, 1995, effective February 1, 1995; amended effective July 26, 1995; amended October 10, 1997, effective December 1, 1997; amended June 5, 2003, effective September 2, 2003; amended April 1, 2009, effective May 1, 2009.
Reporter’s Notes
Reporter's Notes (2009) Rule 4(d)(4) was amended to reduce the number of times notice must be published. This change is consistent with the probate rule requirement and will be more cost effective for litigants. Reporter’s Notes (2003) Rule 4(d)(6) was amended to clarify the misunderstanding that the court is prohibited from entering a temporary order prior to the expiration of three (3) months if there is not proof of actual notice. Reporter’s Notes (1997) Rule 4(d)(7) was deleted in order to eliminate the requirement of an identifying witness in service of process.
Plain-English Summary
Rule 4 is the longest rule in this part and the one that departs most from the civil rule it
otherwise tracks. Subsections (a), (b), (e), (g), (h) and (j) say in terms that they are identical to
their civil counterparts. Subsection (d) is where the domestic relations practice lives.
The abode-and-mail route in (d)(2)
The general rule is in-hand delivery to the individual. Then comes a carve-out for a named set of
cases: complaints seeking establishment of paternity or support of a child born out of wedlock,
complaints for support of a spouse or child under chapter 209 § 32F, actions under chapter 209D, and
complaints for contempt and complaints for modification only. In those cases service
may be made either by delivering the summons and complaint personally, or by leaving a copy at the
defendant's last and usual place of abode and mailing copies to the defendant.
Two points are easy to miss. The abode route is conjunctive — leaving a copy is not enough without
the mailing. And notice under that subsection must be proved by affidavit containing a particular
statement of what was done, which is a higher standard than a bare return.
Accepting service, and the notarized endorsement
Before any of that, (d)(1) offers a route that costs nothing: a defendant, whether inside or
outside the Commonwealth, may accept personal service by written endorsement of a duly notarized
acceptance on the summons. Only if service is not so accepted does the rest of (d) come into play.
When the defendant cannot be found
If the server returns that after diligent search the defendant cannot be found, or the defendant is
outside the Commonwealth or of parts unknown, (d)(3) lets the court issue an order of notice. Service
by publication under (d)(4) is one copy in a newspaper designated by the Register or the court, plus a
mailing to the last known address if practicable. The answer period then runs as if the publication
date were the date of personal service. Proof requires an affidavit with the tear sheet and, if
practicable, the return receipt.
The three-month rule, and what it does not stop
Subsection (d)(6) requires proof of actual notice when practicable. Where actual notice is not shown
to have been received, the complaint is not assigned for hearing until three months after the
publication date, the date of abode service, or the date of mailing. The sentence that follows is the
one to read carefully: nothing in the rule prevents hearing a motion for temporary orders or issuing
temporary orders before the three months expire, provided notice of the motion and hearing was mailed
to the defendant's last and usual place of abode. The Reporter's Note for the 2003 amendment says that
sentence was added to clear up exactly that misunderstanding.
Time limit and amendment
Subsection (j) sets the outside limit: 90 days from the filing of the complaint, or the action is
dismissed as to that defendant without prejudice, on the court's own initiative with notice or on
motion, unless the party shows good cause. Subsection (g) lets the court allow process or proof of
service to be amended at any time unless material prejudice would result. Subsection (i) is
deleted.
Frequently Asked Questions
Can a complaint for modification be served at the defendant's home instead of in hand?
Rule 4(d)(2) allows it for a listed group of cases that includes complaints for modification and complaints for contempt. The method is leaving a copy at the last and usual place of abode and mailing copies to the defendant — both steps, not one. Notice served that way has to be proved by affidavit containing a particular statement of what was done.
Which cases get the abode-and-mail method?
Complaints seeking establishment of paternity or support of a child born out of wedlock, complaints for support of a spouse or child under chapter 209 § 32F, actions under chapter 209D, and complaints for contempt and modification only. A divorce complaint is not on that list.
How long do I have to serve a Massachusetts domestic relations complaint?
90 days after the complaint is filed, under Rule 4(j). Past that, the action is dismissed as to that defendant without prejudice unless the party on whose behalf service was required shows good cause why it was not made in time.
Can the court enter temporary orders before the defendant has actually been notified?
Rule 4(d)(6) says nothing in the rule prevents hearing a motion for temporary orders or issuing them before the three-month period expires, so long as notice of the motion and the hearing was mailed to the defendant's last and usual place of abode in accordance with Rules 5 and 6. What the three months delays is assignment of the complaint itself for hearing.
Can a defendant simply accept service?
Rule 4(d)(1) allows it. A defendant inside or outside the Commonwealth may accept personal service by written endorsement of a duly notarized acceptance on the summons or other process. The remaining methods apply only if service is not accepted that way.
Who may serve process?
Under Rule 4(c), a sheriff, deputy or special sheriff, any other disinterested person, any person authorized by law, or someone specially appointed by the court. Service outside the Commonwealth may be made by anyone permitted to serve process under Massachusetts law or the law of the place of service. Where these rules permit certified or registered mail, the party or the attorney may do the mailing.
Source & verification. Rule text, Rule History and Reporter’s Notes 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:service of processsummonslast and usual place of abodeabode serviceservice by publicationorder of notice90 days to servepaternity servicecontempt servicemodification servicechild support service209Dserving a support complaint