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RELATED DOCUMENTS:
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 Service of Process

 

 Massachusetts Superior Court
 Middlesex County

This is a preview. For access to the full SmartRules Guide,
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 Timing

Within Ninety (90) Days of Filing Complaint

Service of the summons and complaint must be made upon defendant(s) within ninety (90) days after the filing more...    It is important to remember that the 90-day time period runs from the filing of the complaint, not more...    Unless good cause for delay can be shown, failure to serve the summons and complaint within the prescribed more...   

Extension of Time to Serve

Plaintiffs may seek an extension of the time allowed to serve the summons and complaint under Rule 6. more...

Do Not Serve Process, Except by Publication, On Sundays

Massachusetts law prohibits service of civil process on Sunday.Service made on a Sunday is deemed to be void, and the process server can be held liable more...

Do Not Serve Process on Legal Holidays Except Those Expressly Permitted

The prohibition against service of process on Sundays also applies to legal holidays. .However, the following holidays are expressly exempted from the prohibition, and process may be served on these dates: more...

.

 Rules & Requirements

Issuance of Summons

Summonses should be issued in the form prescribed by the clerk's office.Blank summons forms may be obtained in advance from the clerk and filled in by the party serving more...

Separate Forms For Each Defendant are Permitted

Upon the request of the plaintiff, separate or additional summonses may issue against each defendant. . more...

Simultaneous Service of Summons and Complaint Required

The plaintiff or plaintiff's attorney is responsible for delivering a copy of the complaint and a summons for more...

Provide Sufficient Copies

The plaintiff must provide the person making service with a sufficient number of copies of the summons and more...

Additional Notice to Absent Defendant

Where service is made on a defendant absent from Massachusetts and not represented by a duly appointed agent more...

 Form & Format of Papers

Contents of Summons

The summons form must bear the signature (or facsimile signature) of the clerk and the seal of the more...

 Method of Service

Who May Serve Process

Personal Service

Where personal service is to be made, process may be served by a sheriff, his deputy, or any more...

Service By Mail

Where service by mail is permitted, mail service may be made by any party or by counsel. more...

Service on Individuals Within the United States

The Massachusetts Rules of Civil Procedure provide the following methods of serving competent individuals within the United States: more...

Personal Service

Personal service is achieved by delivering a copy of the summons and complaint to an individual defendant personally. more...

Abode Service

Process may also be served by delivering a copy of the summons and complaint to the defendant's "last more...

Service on Registered Agent

Service may be made by delivering a copy of a summons and complaint to an "agent authorized by more...

As Directed By the Court

If the process server makes diligent efforts and cannot locate the individual to be served, his or her more...

Service on Minors and Incompetents

No Massachusetts statute exactly addresses the service of process on a minor or incompetent, but the Reporter's Notes more...

Service on Domestic Corporations and Other Business Entities

Service upon foreign or domestic business entities (except partnerships) is effected by delivering a copy of the summons more...

Partnerships

As a matter of settled case law, Massachusetts law treats partners as individuals for purposes of suit. For more...

As Directed By the Court if Other Methods Fail

If the process server makes diligent efforts and cannot locate a representative of the business entity on whom more...

Service on The Commonwealth of Massachusetts

Service on the Commonwealth of Massachusetts is effected by delivering in person or by certified or registered mail more...

Service on Counties, Cities, or Towns Within the Commonwealth

Service on any county, city, town, or other political subdivision of the Commonwealth is effected by delivering a more...

Boards, Committees, and Similar Entities

Service on committees, boards, and similar entities is affected by delivering a copy of the summons and complaint more...

Out-of-State Defendants (Including Persons and Corporations)

Where a statute or rule authorizes service of process outside of Massachusetts, plaintiff may serve pursuant to: more...

.

Do Not Serve Process During Voting

Any process served on a person while that person is exercising his or her right to vote is more...

 Proof of Service

Generally

It is the responsibility of the server to make proof of service. Proof must be made in writing more...

Abode Service- State Place of Service in Return

When process is served by leaving copies of the summons and complaint at the last and usual place more...

Amendment

At any time on just terms, the court may permit a proof of service to be amended unless more...

Outside the Commonwealth

Proof of service outside of Massachusetts may be made by affidavit or as prescribed by law in Massachusetts more...

Service by Mail

Proof of service must include a receipt signed by the addressee or other evidence of personal delivery. more...

Failure to Make Proof of Service

"Failure to make proof of service does not affect the validity of the service." . more...

Copyright SmartRules 2003-2014 exclusive of the text of Government codes

 

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RELATED DOCUMENTS:
Massachusetts - Essex Superior
Massachusetts - Essex Superior
Massachusetts - Essex Superior
Massachusetts - Essex Superior
Massachusetts - Essex Superior