Massachusetts Rules of Civil Procedure

Massachusetts rules for serving a summons and complaint are in the Massachusetts Rules of Civil Procedure, mainly Rule 4. Subpoenas are covered by Rule 45.

Massachusetts doesn't have a general process server license. Instead, the rules limit who can serve a summons to sheriffs and deputy sheriffs, constables and other people authorized by law, and people the court specially appoints. Constables are covered by the General Laws, chapter 41, sections 91 to 95.

Disclaimer: Laws change, and this page is a plain-language summary, not legal advice. Check the current rules on Mass.gov or ask an attorney before relying on it.

Massachusetts process servers

• Become a process server in Massachusetts
• Hire a process server in Massachusetts

Quick facts: process serving in Massachusetts

• Who can serve: A sheriff, deputy sheriff or special sheriff, any other person authorized by law (such as a constable), or a person specially appointed by the court (Rule 4(c)).
• Licensing: No statewide process server license. Constables are appointed by their city or town and bonded (G.L. c. 41, § 92). Other private servers need a court appointment.
• Deadline to serve: Within 90 days after the complaint is filed, unless you can show good cause (Rule 4(j)).
• Substituted service: Copies can be left at the person's last and usual place of abode (Rule 4(d)(1)).
• Proof of service: Anyone other than a sheriff, deputy sheriff or special sheriff must file an affidavit of service (Rule 4(f)).
• Time to respond: 20 days after service in most civil cases (Rule 12(a)).

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Who can serve process in Massachusetts?

Massachusetts doesn't issue a process server license, but it also doesn't let just any adult serve a summons. Under Rule 4(c), a summons must be served by one of these:

• A sheriff, deputy sheriff or special sheriff.
• A person authorized by law. In practice this usually means a constable. Constables are appointed by their city or town. A constable who files a bond of at least $5,000 can serve writs and process in personal actions where the damages claimed are $7,000 or less, and summary process (eviction) papers under chapter 239 (G.L. c. 41, § 92). Their authority is tied to their town and to these limits, so check them before assigning a job.
• A person specially appointed by the court. A private server who isn't a sheriff or constable can serve a summons if the court appoints them for that purpose. Ask the clerk's office how that court handles motions to appoint a special process server.

Where a rule allows service by certified or registered mail, the party or their attorney can do the mailing.

Subpoenas are different. Any non-party who is at least 18 can serve a subpoena (Rule 45(c)).

For more on getting started, see Become a Process Server in Massachusetts.

How to serve a summons in Massachusetts

The summons and a copy of the complaint must be served together, and the plaintiff gives the server the copies needed.

Personal service: Rule 4(d)(1)

The server hands a copy of the summons and complaint to the person being served.

Abode service: Rule 4(d)(1)

Instead of handing the papers to the person, the server can leave copies at the person's last and usual place of abode. The address has to be where the person actually lives now.

Service on an agent: Rule 4(d)(1)

Papers can be delivered to an agent authorized by appointment or by statute to receive service, as long as any extra notice the statute requires is also given.

Order of notice: Rule 4(d)(1)

If the server returns that, after a diligent search, they can't find the defendant, the defendant's last and usual abode, or an agent, the plaintiff can ask the court for an order of notice. The court then sets how notice will be given, such as by publication or mail.

Service outside Massachusetts: Rule 4(e)

When a statute allows service outside the state, it can be made by:

• Any method in Rule 4(d)
• The method the other state or country uses in its own courts
• Any form of mail that requires a signed receipt
• As directed by a foreign authority in response to a letter rogatory
• As the court orders

For service outside the state, the server can be anyone allowed to serve under Massachusetts law or the law of the place where service is made, or someone a Massachusetts court designates (Rule 4(c)).

Electronic service

There's no electronic service of process on a defendant. The Reporter's Notes to Rule 4 (2021) say case-starting documents can be e-filed, but the defendant still has to be served the conventional way.

Serving businesses and other entities

• Corporations and associations (Rule 4(d)(2)): Deliver the papers to an officer, a managing or general agent, or the person in charge of the business at its principal place of business in Massachusetts. You can also serve any agent authorized by appointment or by law. Registered agents are listed in the Secretary of the Commonwealth corporations search.
• The Commonwealth or a state agency (Rule 4(d)(3)): Deliver to the Attorney General's Boston office and, for an agency, to its office or its chair, a member, or its secretary or clerk. Certified or registered mail is allowed.
• Counties, cities and towns (Rule 4(d)(4)): Deliver to the treasurer or clerk, leave the papers at their office with the person in charge, or mail them by certified or registered mail.
• Authorities, boards and committees (Rule 4(d)(5)): Deliver to the chair or chief executive officer, leave the papers at the office with the person in charge, or mail them by certified or registered mail.

If a diligent search turns up no one who can be served for a corporation or association, the court can issue an order of notice.

Serving a subpoena in Massachusetts

Any non-party who is at least 18 can serve a subpoena (Rule 45(c)). The server can:

• Hand a copy to the witness
• Show the subpoena to the witness and read it to them
• Leave a copy at the witness's place of abode

If the witness must attend, the server must also tender the fees for one day's attendance and the mileage allowed by law. Fees don't have to be tendered when the subpoena is issued for the United States, the Commonwealth, or one of their subdivisions, officers or agencies.

Proof of service

The server must file proof of service with the court promptly, and no later than the time the defendant has to respond (Rule 4(f)).

• A sheriff, deputy sheriff or special sheriff makes a return.
• Anyone else, including a constable or a specially appointed server, must make an affidavit of service.
• For service by mail, the proof must include a receipt signed by the addressee or other evidence of delivery that satisfies the court.
• For service outside the state, proof can be an affidavit of the person who served, or follow the law of the place where service was made.

Failing to file proof doesn't make the service invalid. The court can also allow the process or the proof to be amended unless it would cause material prejudice (Rule 4(g)).

Hire a Massachusetts process server

Find process servers and constables across the state in the Massachusetts process server directory.

More Massachusetts resources

• Become a Process Server in Massachusetts
• Courts in Massachusetts
• Massachusetts Rules of Civil Procedure, Rule 4 (Mass.gov)
• G.L. c. 41, § 92: constables' bonds and civil process (Massachusetts Legislature)

This page is a general overview of Massachusetts law, not legal advice. Laws change. Check the current rules or talk to an attorney about your case.