Rule 5.Service and Filing of Pleadings and Other Papers

Part II. Commencement of Action; Service of Process, Pleadings, Motions and Orders · Last amended September 2, 2003 · Last verified September 4, 2026

In one sentenceRule 5 governs service and filing of everything after the complaint, and it adds two Massachusetts wrinkles: in-hand service after 4 p.m. buys an extra day for computing time, and discovery materials are not filed with the court.

Full Text of Rule 5

Text sizeJump to: (a) (b) (c) (d) (e) (f) (g)

(a) Service: When Required. Except as otherwise provided in these Rules, or unless the court on motion with or without notice or of its own initiative otherwise orders, every order required by its terms to be served, every pleading subsequent to the original complaint, every paper relating to discovery required to be served upon a party, every written motion other than one which may be heard ex parte, and every written notice, notice of change of attorney, appearance, demand, brief or memorandum of law, offer of judgment, designation of record on appeal, and similar paper shall be served upon each of the parties. No service need be made on any party in default for failure to appear except that any pleading asserting new or additional claims for relief against him shall be served upon him in the manner provided for service of summons in Rule 4. (Identical to Mass.R.Civ.P. 5(a))

(b) Same: How Made. Whenever under these rules service is required or permitted to be made upon a party represented by an attorney the service shall be made upon the attorney unless service upon the party himself is ordered by the court. Service upon the attorney or upon a party shall be made by delivering a copy to him or by mailing it to him at his last known address or, if no address is known, by leaving it with the register of probate. Delivery of a copy within this rule means: handing it to the attorney or to the party; or leaving it at his office with his clerk or other person in charge thereof; or, if there is no one in charge, leaving it in a conspicuous place therein; or if the office is closed or the person to be served has no office, leaving it at his dwelling house or usual place of abode with some person of suitable age and discretion then residing therein. Service by mail is complete upon mailing. If notice of a hearing is given by service in hand delivered after 4 p.m., an additional day shall be added for purposes of computation of time under Rule 6(c). The time when the in hand service was made shall be reflected on the Certificate of Service.

(c) Same: Multiple Defendants. The court, on motion with or without notice or of its own initiative, may order that service of the pleadings of the defendants and replies thereto need not be made as between the defendants and that any cross-claim, counterclaim, or matter constituting an avoidance or affirmative defense contained therein shall be deemed to be denied or avoided by all other parties and that the filing of any such pleading and service thereof upon the plaintiff constitutes due notice of it to the parties. A copy of every such order shall be served upon the parties in such manner and form as the court directs. (Identical to Mass.R.Civ.P. 5(c))

(d) Filing Generally, and Nonfiling of Discovery Materials.

(1) Except as otherwise provided in Rule 5(d)(2), all papers after the complaint required to be served upon a party shall be filed with the court either before service or within a reasonable time thereafter. Such filing by a party's attorney shall constitute a representation by him, subject to the obligations of Rule 11, that a copy of the paper has been or will be served upon each of the other parties as required by Rule 5(a). No further proof of service is required unless an adverse party raises a question of notice. In such event, prima facie proof of service shall be made out by a statement signed by the person making service, or by a written acknowledgment signed by the party or attorney served; and such statement or acknowledgment shall be filed within a reasonable time after notice has been questioned. Failure to make proof of service does not affect the validity of service.

(2) Unless the court, generally or in a specific case, on motion ex parte by any party or concerned citizen, or on its own motion shall otherwise order, the following shall not be presented or accepted for filing: notices of taking depositions, transcripts of depositions, interrogatories under Rule 33, answers and objections to interrogatories under Rule 33, requests under Rule 34, and responses to requests under Rule 34. The party taking a deposition or obtaining material through discovery is responsible for its preservation and delivery to court if needed or so ordered. Notwithstanding anything in this Rule 5(d)(2), any party pressing or opposing any motion or other application for relief may file any document pertinent thereto. (Identical to Mass.R.Civ.P. 5(d))

(e) Filing with the Court Defined. The filing of pleadings and other papers with the court as required by these rules shall be made by filing them with the clerk of the court, except that a judge may permit the papers to be filed with him, in which event he shall note thereon the filing date and forthwith transmit them to the office of the clerk. (Identical to Mass.R.Civ.P. 5(e))

(f) Effect of Failure to File. If any party fails within five days after service to file any paper required by this rule to be filed, the court on its own motion or the motion of any party may order the paper to be filed forthwith; if the order be not obeyed, it may order the paper to be regarded as stricken and its service to be of no effect. (Identical to Mass.R.Civ.P. 5(f))

(g) Information Required. On any pleading or other paper required or permitted by these rules to be filed with the court, there shall appear the name of the court and the county, the title of the action, the docket number, the designation of the nature of the pleading or paper, and the name and address of the person or attorney filing it. In any case where an endorsement for costs is required, the name of any attorney of this Commonwealth appearing on the complaint filed with the court shall constitute such an endorsement in absence of any words used in connection therewith showing a different purpose. (Identical to Mass.R.Civ.P. 5(g))

End

Rule History

Amended June 8, 1989, effective July 1, 1989; amended October 10, 1997, effective December 1, 1997; amended June 5, 2003, effective September 2, 2003.

Reporter’s Notes

Reporter’s Notes (2003) The amendment to Rule 5(d) is in response to the amendment to Mass.R.Civ.P. Rule 5(d) Service and Filing of Pleadings and Other Papers. The amendment is intended to relieve the parties and court personnel of the burdens involved with the filing of interrogatories and answers with the court. Reporter’s Notes (1997) The amendment to Rule 5(b) allows for an additional day to be added for the purpose of computation of time if service is delivered in hand after 4 p.m. The amendment also provides that if service is made by in hand service it will be reflected on the Certificate of Service.

Plain-English Summary

Rule 5 splits into two halves. The first is about serving papers on the other parties; the second is about filing them with the court, and about what does not get filed at all.

What must be served, and how

Subsection (a) requires service on each party of every order required by its terms to be served, every pleading after the complaint, every discovery paper required to be served, every written motion other than one heard ex parte, and every notice, appearance, demand, brief, memorandum, offer of judgment and similar paper. A party in default for failure to appear need not be served — except that a pleading asserting new or additional claims against that party must be served the way a summons is served under Rule 4.

Subsection (b) routes service to the attorney where a party is represented, unless the court orders service on the party. Delivery means handing it over, leaving it at the office with a clerk or person in charge, leaving it in a conspicuous place in the office if nobody is in charge, or leaving it at the dwelling house or usual place of abode with a person of suitable age and discretion residing there. Mailing goes to the last known address; if no address is known, the paper is left with the register of probate. Service by mail is complete on mailing.

Then the provision that has no civil counterpart: if notice of a hearing is given by in-hand service delivered after 4 p.m., an additional day is added for computing time under Rule 6(c), and the time of the in-hand service must be reflected on the certificate of service. The Reporter's Note for the 1997 amendment describes both halves of that change. It is a small rule with a sharp edge: the certificate has to record the time, not just the date.

Filing, and the non-filing of discovery

Subsection (d)(1) requires papers served after the complaint to be filed either before service or within a reasonable time after. Filing by an attorney is itself a representation, subject to Rule 11, that a copy has been or will be served — so no separate proof of service is needed unless an adverse party raises a question of notice.

Subsection (d)(2) is the exception, and it is a long one. Notices of taking depositions, deposition transcripts, Rule 33 interrogatories, answers and objections to them, Rule 34 requests and responses to Rule 34 requests shall not be presented or accepted for filing unless the court orders otherwise. The party who took the deposition or obtained the material is responsible for preserving it and delivering it to court if needed. Anything pertinent to a motion may still be filed with that motion.

Subsection (f) gives the enforcement: if a party fails to file within five days after service, the court on its own motion or a party's may order the paper filed forthwith, and if the order is disobeyed, may order the paper stricken and its service of no effect. Subsection (g) lists what has to appear on the face of any paper filed — court and county, title, docket number, designation of the paper, and the name and address of the person or attorney filing it.

Frequently Asked Questions

Does in-hand service after 4 p.m. change my deadline?

Rule 5(b) provides that if notice of a hearing is given by in-hand service delivered after 4 p.m., an additional day is added for purposes of computing time under Rule 6(c). The time the in-hand service was made has to be reflected on the certificate of service.

Are interrogatories and deposition transcripts filed with the court?

No. Rule 5(d)(2) provides that deposition notices and transcripts, Rule 33 interrogatories and the answers and objections to them, and Rule 34 requests and responses shall not be presented or accepted for filing unless the court orders otherwise. The party who obtained the material is responsible for preserving it and delivering it to court if needed.

Can I still file discovery material with a motion?

Yes. Rule 5(d)(2) ends by providing that any party pressing or opposing a motion or other application for relief may file any document pertinent to it.

When is service by mail complete?

On mailing, under Rule 5(b). Separately, Rule 6(d) adds three days to a prescribed period when the paper that starts it was served by mail.

Do I have to serve a party who has defaulted?

Rule 5(a) says no service need be made on a party in default for failure to appear, except that a pleading asserting new or additional claims for relief against that party must be served in the manner provided for service of a summons under Rule 4.

What happens if I serve a paper but never file it?

Under Rule 5(f), if a party fails to file within five days after service, the court on its own motion or on any party's motion may order it filed forthwith, and if that order is not obeyed may order the paper stricken and its service to be of no effect.

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 pleadingsfilingcertificate of service4 p.m. rulenon-filing of discoveryservice by mail