Overview
Process Server in Massachusetts: How Service of Process Works
Massachusetts doesn't let just anyone serve a summons. Under Rule 4(c) of the Massachusetts Rules of Civil Procedure, process is served by a sheriff, deputy sheriff or special sheriff, by another person authorized by law such as a constable, or by someone the court specially appoints. Massachusetts also allows papers to be left at the defendant's last and usual place of abode, without having to hand them to anyone. Service must be made within 90 days of filing the complaint.
Who serves process
Who Can Serve Legal Documents in Massachusetts
Rule 4(c) limits service to a sheriff, deputy sheriff or special sheriff, any other person duly authorized by law (such as a constable), or a person specially appointed by the court. A private process server who isn't a constable needs a special appointment from the court.
Anyone other than a sheriff, deputy sheriff or special sheriff who serves process must make an affidavit of service. In electronically filed cases, service must still be made by one of these authorized people.
Typical documents include summonses and complaints, Probate and Family Court papers, Housing Court summary process (eviction) papers and subpoenas.
Proof you receive: a sworn affidavit of service
A deputy sheriff makes a return of service. Anyone else, including a constable or special process server, makes an affidavit of service stating how, when and where service was made.
Constable and deputy sheriff service
Service through authorized constables and deputy sheriffs across all 14 counties, with returns or affidavits that meet Rule 4.
Special process server appointments
Where a private server is needed, we prepare the motion for special appointment so service is valid.
Boston and statewide
Service in Suffolk, Middlesex, Norfolk, Worcester and every Massachusetts county.
The rules
Massachusetts Service of Process Rules
The Massachusetts rules that matter most for service:
| Rule | What it covers |
|---|---|
| Mass. R. Civ. P. 4(c) | Who may serve: sheriffs, constables or specially appointed persons |
| Mass. R. Civ. P. 4(d)(1) | In hand, last and usual abode, or agent |
| Mass. R. Civ. P. 4(f) | Return of service; affidavit for non-sheriffs |
| Mass. R. Civ. P. 4(j) | Serve within 90 days or face dismissal |
| Mass. R. Civ. P. 12(a) | 20 days to answer after service |
Treaties
Massachusetts and the Hague Conventions: Treaty Status
The Hague Service Convention lets member countries send documents to each other's Central Authorities for service. Massachusetts has not joined it, so that route isn't available, and the Convention's Article 10 rules on postal and private service don't apply. Whether those methods are acceptable depends on Massachusetts's law and on what your court allows.
Massachusetts is not a party to the Hague Evidence Convention, so requests for witness testimony or documents go through letters rogatory.
