Massachusetts Service of Process Rules

Massachusetts

State Serve Rules
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
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
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

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