Rule 83.Supplemental Rules
Effective July 1, 1974 · Last verified June 26, 2026
Full Text of Rule 83
Rule History
Adopted June 27, 1974, effective July 1, 1974.
Reporter’s Notes
(1996)
Rule 83, which had been “reserved” in the Dist./Mun.Cts.R.Civ.P., is now applicable in the District Court as result of the merger of the District Court civil rules into the Mass.R.Civ.P. in 1996.
(1994)
This rule permits the promulgation of supplemental rules by courts whose procedure is governed by these rules. However, the provisions of the Massachusetts Rules of Civil Procedure will prevail whenever there is inconsistency between them and supplemental rules or standing orders. See Sullivan v. Iantosca, 409 Mass. 796, 801 (1991).
It should be noted, however, that a supplemental rule containing a time period shorter than that set out in the rules of civil procedure is not necessarily inconsistent with the rules of civil procedure. For example, where a Superior Court rule required that affidavits in opposition to a motion for summary judgment be filed within ten days after service of the summary judgment motion, the Appeals Court noted that “[t]rial court rules ‘more demanding than the requirements of Rule 56 . . . are not necessarily inconsistent with the general provisions' in the rule [allowing the filing of counter-affidavits prior to the hearing day].” Ruggiero v. Costa, 28 Mass.App.Ct. 967, 968 (1990), citing 10A Wright & Miller, Federal Practice and Procedure § 2719, at 13 (1983). See also 12 Wright & Miller, Federal Practice and Procedure § 3153 (1973) (citing federal cases interpreting similar language in Federal Rule 83).
Plain-English Summary
Rule 83 leaves room for local practice. A court whose procedure these rules regulate may make and amend supplemental rules—or keep existing ones—governing its procedure, as long as they are not inconsistent with the statewide rules. And where neither the rules nor a supplemental rule provides for a situation, the court may regulate its practice in any manner not inconsistent with them. This is the basis for the local and departmental rules that supplement the statewide set.
Frequently Asked Questions
Can individual courts have their own rules?
Yes. Rule 83 authorizes each court to make and amend supplemental rules governing its own procedure, provided they are not inconsistent with the statewide Rules of Civil Procedure.
What happens if neither the statewide rules nor a local rule addresses a situation?
The court may regulate its own practice in any manner not inconsistent with the statewide Rules of Civil Procedure or its own supplemental rules.