Rule 6.Time
Part II. Commencement of Action; Service of Process, Pleadings, Motions and Orders · Last amended September 2, 2003 · Last verified September 4, 2026
Full Text of Rule 6
Rule History
Amended October 10, 1997, effective December 1, 1997; amended October 27, 1999, effective January 1, 2000; amended June 5, 2003, effective September 2, 2003.
Reporter’s Notes
Reporter’s Notes (2003) The amendment to Rule 6(c) requires that any pleadings, whether an affidavit or a memorandum in support or in opposition to a motion, be served prior to the time fixed for hearing on the motion. Reporter’s Notes (2000) Rule 6(c) requires every motion to be accompanied by a proposed order. The amendment to rule 6(c) makes clear that the proposed order should not be docketed or included in the permanent case file and may be destroyed after a hearing on the motion. Reporter’s Notes (1997) This amendment to Rule 6(c) changes the time requirements for service of a motion from three (3) to seven (7) days, unless it is a motion that may be heard ex parte. All ex parte motions must be accompanied by an affidavit setting forth the nature of the emergency. If the motion is allowed, the court must make written findings that an emergency exists and set forth the nature of the emergency. The amendment also provides that if a motion is supported by an affidavit it must be served with the motion, except as provided in Rule 59(c). The service of opposing affidavits is no longer optional. If a motion is accompanied by an affidavit, then an opposing affidavit must also be served. The amendment to the rule changes the time requirement for service of the opposing affidavit from not later than one (1) day before the hearing, to not later than two (2) full business days before the hearing. All motions must now be accompanied by a proposed order which sets forth, in itemized detail, the relief sought from the court. In addition, Rule 6(c) explicitly states that the service and content of motions are subject to the sanctions of Rule 11.
Plain-English Summary
Rule 6 has four subsections. Three are identical to their civil counterparts. Subsection (c) is not, and it is the one that shapes daily motion practice in the Probate and Family Court.
Computing time
Subsection (a) uses the familiar method. The day of the act or event that starts the period is not counted; the last day is counted unless it is a Saturday, Sunday or legal holiday, in which case the period runs to the end of the next day that is not one of those. When the period is less than 7 days, intermediate Saturdays, Sundays and legal holidays are excluded. Legal holiday means the days specified in General Laws chapter 4 § 7 plus any day appointed as a holiday by the President or Congress or designated by Massachusetts law.
Enlarging time
Subsection (b) gives three routes: an order enlarging the period, with or without motion or notice, if the request comes before the original period expires; a motion after expiry, granted where the failure to act was the result of excusable neglect; or stipulation of the parties. The court may not extend time for acting under Rules 50(b), 52(b), 59(b), (d) and (e), or 60(b) except as those rules themselves allow.
Seven days, a proposed order, and the emergency affidavit
Subsection (c) is the domestic relations provision. A written motion other than one that may be heard ex parte, and notice of its hearing, must be served not later than seven days before the hearing unless a different period is fixed by rule or order.
An order shortening that may be made on ex parte application when an emergency justifies it — but the application must be by motion supported by an affidavit setting out the nature of the emergency, and if the motion is allowed the court must make a written finding that the emergency exists and set out its nature. That is a two-sided requirement: the moving party documents the emergency, and so does the court.
Supporting memoranda and affidavits are served with the motion. Opposing memoranda and affidavits must be served not later than one business day before the hearing unless the court permits otherwise, with Rule 59(c) excepted.
Finally, every motion must be accompanied by a proposed order, served with the motion, setting out in detailed itemized paragraphs the relief sought. The rule adds that the proposed order should not be docketed or placed in the permanent file if the court does not adopt it, and may be destroyed after the hearing. The service and content of all motions, affidavits and supporting papers are subject to the sanctions of Rule 11.
Three days for mail
Subsection (d) adds 3 days to a prescribed period where the paper that started it was served by mail.
Frequently Asked Questions
How much notice does a motion need in the Probate and Family Court?
Seven days. Rule 6(c) requires a written motion, other than one that may be heard ex parte, and notice of the hearing, to be served not later than seven days before the time specified for the hearing, unless a different period is fixed by these rules or by order of the court.
Does every motion need a proposed order?
Rule 6(c) says every motion shall be accompanied by a proposed order, served with the motion, setting forth in detailed itemized paragraphs the relief sought from the court.
How do I get a motion heard on shorter notice?
By ex parte application, which the rule allows when an emergency justifies it. The application must be by motion supported by an affidavit setting forth the nature of the emergency, and on allowance the court must make a written finding that the emergency exists and set forth its nature.
When are opposing affidavits due?
Not later than one business day before the hearing, unless the court permits them to be served at some other time. Rule 59(c) is excepted. A memorandum or affidavit that supports the motion is served with the motion itself.
Are weekends counted in a Massachusetts domestic relations deadline?
Under Rule 6(a) they are counted for periods of 7 days or more. For a period of less than 7 days, intermediate Saturdays, Sundays and legal holidays are excluded. Either way, if the last day falls on a weekend or legal holiday the period runs to the end of the next day that is not one.
Does mailing add time?
Rule 6(d) adds 3 days to the prescribed period where a party has a right or duty to act within a period after service of a notice or paper and that paper was served by mail.