Motion to Appoint a Special Process Server
(MA)

Summary

This template motion to appoint a special process server is for use in securing the appointment of a special process server to serve the initial pleadings in a civil case in Massachusetts Superior Court. It includes practical guidance and drafting notes. After commencing an action in superior court, the plaintiff or plaintiff's attorney must serve a summons and copy of the complaint on each defendant. Mass. R. Civ. P. 4(a). In general, service must be in person. Mass. R. Civ. P. 4(c). The rule contains a list of persons who may make service, including: • A sheriff, his deputy, or a special sheriff • Any person duly authorized by law –or– • A person specifically appointed by the court to serve process in the case at hand Mass. R. Civ. P. 4(c). The two most commonly used process servers are: • Deputy sheriffs –and– • Special process servers—persons specifically appointed to serve process in a particular case You can use a motion to appoint a special process server to ask the court to appoint someone in the latter category. Some lawyers routinely use special process servers. Doing so usually costs less than the standard nonnegotiable fees charged by deputy sheriffs. You can negotiate a lower fee with a special process server and if you have an ongoing relationship with them, you may be able to obtain a volume discount. Even if you do not routinely use a special process server, you may want to do so in special circumstances—when you need to complete service very quickly, for example. You should file the motion with the complaint. If you need to serve process on an urgent basis, you may want to file the documents in person and arrange for the motion to be allowed. If you file by mail, you should check with the clerk's office before doing so to find out if the court in question has any special requirements for the motion. For more information on complaints, see Commencing a Lawsuit: Drafting the Complaint (MA) and Commencing a Lawsuit: Filing the Complaint and Serving Process (MA). For a template, see Complaint (MA). For a related checklist, see Commencing a Lawsuit: Drafting the Complaint Checklist (MA).