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Rule 17 is the process where a lawyer can ask the Court for a summons for third party records. To make a showing to acquire third party records a defendant must establish the following: A party moving to summons documents pursuant to Mass.

If a service of the summons and complaint is not made upon a defendant within 90 days after the filing of the complaint and the party on whose behalf such service was required cannot show good cause why such service was not made within that period, the action shall be dismissed as to that defendant without prejudice ...

For successful service on a defendant who is a person, the sheriff or constable must personally hand a copy of the summons and complaint to the defendant, leave the copies at the defendant's last and usual place of abode (last known residence), or deliver the copies to an agent authorized to receive service of process ...

Who can serve my summons and complaint? Service of process must be completed by a person who is not a party in the lawsuit and who is over the age of eighteen. Service of process can be performed by the constable, sheriff, or a private process service.

Under Rule 5(b), service may be made by mailing the paper to the party or attorney at his last known address; if no address is known, the paper may be left with the clerk of court. Prior Massachusetts practice made no provision in cases where the address was unknown.

A summons does not always have to be served in person. Each method may have specific legal requirements in different jurisdictions. Hence, it's best to work with a professional process server who understands how process service works to avoid improper service.

Rule 17 - Parties Plaintiff and Defendant: Capacity (a) Real Party in Interest. Except for any action brought under General Laws, chapter 152, section 15, every action shall be prosecuted in the name of the real party in interest.

Rule 5(b)(1), first paragraph. E-mail service is authorized as a method of service under Rule 5(b) unless otherwise provided in the Massachusetts Rules of Civil Procedure or unless the court has ordered otherwise or the parties have agreed otherwise.

Rule 25(a)(1) allows a dismissal of the action upon notice and hearing if the motion for substitution is not timely made, unless the failure of the surviving party to make the motion was the result of excusable neglect.