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Massachusetts Caption Provisions - Forms and Drafting
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Rules of Civil Procedure, Rule 4(d) allows for personal or residence service. Service on state government, county, town, or political subdivision can be made by registered or certified mail. Court Rules 2.105(A) allows for either personal, registered mail, or certified mail, restricted delivery service.
Common methods to avoid being served Not answering the door. Lying about their identity. Hiding in the closet until the process server leaves. Staying at a family member or friend's home.
How do I serve the summons if the defendant does not live in Massachusetts? Search online to find someone to serve the summons. Put the words ?process server? and the name of the state or country where the defendant lives. ... Ask your local sheriff's office to help.
Comply With the Relevant Federal, State, and Local Rules. ... Research Before Writing. ... Allege Subject Matter Jurisdiction, Personal Jurisdiction, and Venue. ... Jurisdiction. ... Draft Concise and Plain Statement of the Facts. ... Factual Allegations. ... Draft Separate Counts for Each Legal Claim. ... Plead Facts With Particularity Where Necessary.
Service by Mail is used in some cases. Papers may be served by mailing them to the person to be served. There are special requirements for this kind of service. The person serving the papers puts the documents to be served into an envelope, addressed to the party to be served and sends them by first-class mail.
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. Notice must be written.
To sue someone in Massachusetts, you have to file a complaint with the clerk of the court. A complaint is not a specific form. It is a document that contains a short statement of the facts showing your claim and why you are entitled to relief and a demand for judgment granting that relief.
After the plaintiff, in an action tried by the court without a jury, has completed the presentation of his evidence, the defendant, without waiving his right to offer evidence in the event the motion is not granted, may move for a dismissal on the ground that upon the facts and the law the plaintiff has shown no right ...
