Massachusetts Motion for Alternate Service by Publication and Mailing is a court-approved method of serving legal documents upon a person who is not able to be located or served by conventional means. This type of service is used when a defendant is not able to be found in the Commonwealth of Massachusetts. It is used to provide notice to the defendant of the filing of a Complaint or other legal pleadings. There are two types of Massachusetts Motion for Alternate Service by Publication and Mailing. The first type is Service by Publication. This requires that the Complaint or other legal pleading be published in a newspaper or other publication approved by the court. The publication must include a notice that is approved by the court that states the name of the defendant, the case number, and a summary of the legal pleadings that were filed. The second type of Massachusetts Motion for Alternate Service by Publication and Mailing is Service by Mail. This requires that the Complaint or other legal pleading be mailed to the defendant's last known address and to any additional addresses that are known to the court. The mailing must include a notice that is approved by the court that states the name of the defendant, the case number, and a summary of the legal pleadings that were filed.
Massachusetts Motion for Alternate Service by Publication and Mailing
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FAQ
A written motion, other than one which may be heard ex parte, and notice of the hearing thereof shall be served not later than 7 days before the time specified for the hearing, unless a different period is fixed by these rules or by order of the court. Such an order may for cause shown be made on ex parte application.
Within 21 days after service of the Motion Papers, any party opposing the motion must serve on the moving party the original and one copy of the Opposition, and must serve on all other parties one copy of the Opposition.
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.
Any party may object to a question posed by another party by stating ?objection,? without elaboration or argument. The judge may rule on the objection in the presence of the juror or jurors, or may hear argument and rule on the objection outside the presence or hearing of the juror or jurors.
Short order of notice: A motion for short order of notice allows you to bypass the processes for ex parte and on notice motions and instead obtain a speedy hearing. The rules do not expressly provide for motions for a short order of notice. Rather, they are a matter of common practice.
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.
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?.