Rule 82.Jurisdiction and Venue Unaffected
Part X. General Provisions · Last verified September 4, 2026
Full Text of Rule 82
Plain-English Summary
Rule 82 is a single sentence and it draws the boundary between procedure and power.
These rules shall not be construed to extend or limit the jurisdiction of the courts or the venue of actions therein. Both directions are covered — a rule cannot create a power the court does not have, and it cannot take one away.
The provision matters more here than the sentence's brevity suggests, because so much of this ruleset is borrowed language. Rule 81(h) translates civil-rule terms into Probate Court equivalents — "Superior Court" includes Probate Court, for instance — and Rule 82 makes clear that translation of vocabulary is not a transfer of authority. Jurisdiction comes from the statutes Rule 1 lists, not from these rules.
The same logic runs through the ruleset. Rule 2's one form of action does not enlarge what relief is available. Rule 13(d) preserves the existing limits on counterclaims against the Commonwealth. Rule 81(d) resolves inconsistent statutory terminology into the analogous procedural device rather than into a different substantive result.
Frequently Asked Questions
Do these rules change what the Probate and Family Court can decide?
No. Rule 82 provides that these rules shall not be construed to extend or limit the jurisdiction of the courts or the venue of actions in them.
Does Rule 81(h)'s definition of 'Superior Court' give the Probate Court new powers?
Rule 81(h) supplies definitions for applying terms that appear in the civil rules, and Rule 82 provides that these rules neither extend nor limit jurisdiction or venue.
Where does the court's jurisdiction come from?
From statute. Rule 1 lists the General Laws chapters — 207, 208, 209, 209A, 209C, 215 and 209D — under which the proceedings these rules govern arise.
Does Rule 82 affect venue?
It provides that these rules shall not be construed to extend or limit the venue of actions in the courts, so venue is governed by other law.