Massachusetts Service of Process Rules
Massachusetts
State Serve Rules
Additional Rules
Additional rules - TM
Servers appointed by each county court
Affidavit
Notary
Required
Refusal service
Yes, state defines as "refusal" on the affidavit
Mailing
Mail for corporate substitute service
Not Required
Mail for substitue service
Required
Minors, Incapacitated, and Jail
Incapacitated individuals + care/custody
n
Jail Care Custody Service
Facility-specific policy
Jail Personal Service
Facility-specific policy
Service to a minor
n
Proof Specialists
Mirrors Fed Rules
Yes
M&O
Not required for service
Substitute Service Rules - Business / Entity
Corporate subservice at a residence
Not Permissible
Government substitute service
No, must serve head of agency
Service of Corporate Person in charge
Yes, may serve person in charge or any employee
Workplace substitute service
Not Permissible
Substitute Service Rules - Individuals
Due diligence prior to substitute service
Required
Minimum age for substitute service
Suitable age and discretion
Residential substitute service
Permissible
Spousal Service
Not Permissible
Subpoena Personal Service Only?
Subserve to a co-resident permissible
Substitute serve by posting (Nail & Mail)
Not permissible, must serve documents
When and where can you serve?
Endorcing the Summons prior to serving
Not required
Serve at a nursing home
Client policy
Sunday Service
Permissible
Eviction Summons Rules
Additional Rules - Eviction Summons
Additional rules - Servers
1) personal/sub 2) certified mail with receipt (no posting allowed)
Mailing
Certified Mail
No
Mail always?
No
Mail if posted
Not Required
Mail if subserve
No
Mail SLA
Same day
Posting Rules
Due Diligence Prior to Posting
Not Required
Posting
n/a
Eviction Posting Rules
Additional Rules
Additional rules - TM
1) personal/sub 2) certified mail with receipt
Affidavit
Notary for Notice
Not required
Mailing
Certified Mail
No
Mail always?
Optional
Mail SLA
3
Proof Specialists
Server/Marshal Required?
Server
**Civil Subpoenas: Same as Summons**
**Cannot serve on Sundays**
**If serving Massachusetts documents outside of Massachusetts, can serve per rules below or the rules of the state where the documents are served.**
**INDIVIDUAL**
+ Personal
+ Substituted
+ Dwelling/house/Usual place of abode
- competent member of the household, suitable age OR
- Posted/left in conspicuous place after attempting personal service and followed by US Mail to same address
**PRIVATE CORPORATIONS, PARTNERSHIPS, AND PARTNERS**
+ Registered agent
+ Officers, Managers, Partners or a resident, managing or general agent;
+ Business office with the person in charge
**Notary:** Required
**PUBLIC ENTITY (STATE, COUNTY, CITY, ETC.)**
+ Clerk, secretary, president, presiding officer, or other head of its governing body.
**MINOR OR INCOMPETENT PERSON**
+ Guardian or conservator
+ Father, mother or other person having the minor's care or control or with whom the minor resides
**DISABLED PERSON**
+ Guardian, conservator or a competent adult member of the person's family with whom the person resides;
+ If the person resides in an institution, the director or chief executive officer of the institution.
**POSTING (EVICTIONS)**
+ Allowed
