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Massachusetts Sample Motion for Alternate Service

Motion For Alternative Service Massachusetts

Name: Massachusetts Sample Motion for Alternate Service
Brand: US Legal Forms
Price: 59.00 USD
Rating: 4.83 (227 reviews)

Category:

Massachusetts Statewide - Probate and Family Court - Domestic Relations

State:

Massachusetts

Control #:

MA-SKU-0579

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Description

Sample Motion for Alternate Service Massachusetts Sample Motion for Alternate Service is a legal document used by a plaintiff in Massachusetts civil court proceedings when the defendant cannot be served the court summons and complaint in the normal manner. The motion is used to inform the court that the plaintiff has attempted to serve the defendant in the traditional manner, but due to the defendant’s avoidance, it has been unsuccessful. The motion then requests that the court allow the plaintiff to serve the defendant with the summons and complaint in some other manner, such as by mail or publication. There are two types of Massachusetts Sample Motion for Alternate Service: Service by Publication and Service by Mail. Service by Publication requires that a notice of the lawsuit be published in a newspaper of general circulation for a certain number of weeks. Service by Mail requires that a notice of the lawsuit be sent to the defendant’s last known address by certified mail, return receipt requested.

Massachusetts Sample Motion for Alternate Service is a legal document used by a plaintiff in Massachusetts civil court proceedings when the defendant cannot be served the court summons and complaint in the normal manner. The motion is used to inform the court that the plaintiff has attempted to serve the defendant in the traditional manner, but due to the defendant’s avoidance, it has been unsuccessful. The motion then requests that the court allow the plaintiff to serve the defendant with the summons and complaint in some other manner, such as by mail or publication. There are two types of Massachusetts Sample Motion for Alternate Service: Service by Publication and Service by Mail. Service by Publication requires that a notice of the lawsuit be published in a newspaper of general circulation for a certain number of weeks. Service by Mail requires that a notice of the lawsuit be sent to the defendant’s last known address by certified mail, return receipt requested.

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FAQ

Ask the court for an order for notice by publication: Ask the Clerk's Office at the court where your case is filed what form you should use and whether they have a sample form you can look at. This form is usually called a ?Motion for Alternative Service? or a ?Motion for Service by Publication?.

Rule 41(b)(2) provides for involuntary dismissal upon motion of the defendant on one of two grounds: (1) failure to comply with the rules or any order of the court; or (2) in an action tried without a jury, if, upon the facts and the law, the plaintiff has shown no right to relief.

The court may correct a clerical mistake or a mistake arising from oversight or omission whenever one is found in a judgment, order, or other part of the record. The court may do so on motion or on its own, with or without notice.

Dismissed: means the court or prosecutor has decided the charge against you should not go forward, terminating the case.Vacated: means the court has withdrawn the guilty plea or set aside the guilty verdict, and for all purposes you may state you have never been convicted of that crime.

How do I serve the summons if the defendant does not live in Massachusetts? When the defendant lives out of state, serve them the same way you do as if they live in Massachusetts. Find a sheriff, constable, or other person who is not involved in your case and who works where the defendant can be found.

Massachusetts Rules of Civil Procedure (the Rules) allow a party to move to vacate a judgment if certain parameters are met. Specifically, a judgment may be vacated due to excusable neglect, mistake or inadvertence, or because of newly discovered evidence.

If the plaintiff or the plaintiff's counsel does not have the defendant's most recent address on file, the Corporations Division will send Massachusetts Process Service to that address through registered mail.

A ?vacated? or ?scratched? hearing or case means that a court order or judgment has been cancelled or rendered void. Cases are sometimes vacated at the preliminary hearing stage which may mean that the formal charges were not filed or that the prosecutor has chosen to present it to the Grand Jury for indictment.

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Sample motion to serve a defendant who is trying difficult to find or trying to evade service. MOTION FOR ALTERNATE SERVICE AND AFFIDAVIT. (Md.Rules 2-121, 2-122). I declare that the statements above are true to the best of my information, knowledge, and belief. Filing: If you are efiling any of these forms, you will need to "flatten" the form so it cannot be changed after you complete it. Keep the copy of the Proof of Service form for your records. Motion for Alternate Service. - Order for Alternate Service. This is not a substitute for legal advice. Defendants. ) PLAINTIFF'S MOTION TO AUTHORIZE ALTERNATIVE METHODS OF SERVICE.

Motion For Alternative Service Massachusetts

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How to fill out Massachusetts Sample Motion For Alternate Service?

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How do I serve by publication in Massachusetts?

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