If you need papers served in Massachusetts, the first question isn't "who is available?" but "who has authority to serve this document?" A summons and complaint, an eviction summons, a subpoena and a notice to quit each follow different rules. A Massachusetts constable, a sheriff and a court-appointed special process server each get their authority from a different source. This guide explains who may serve what, so you can choose the right person the first time.
The short answer
| Document | Who may serve it | Source |
|---|---|---|
| Summons and complaint in a civil action | A sheriff, deputy sheriff or special sheriff; any other person duly authorized by law (for example, a constable within their statutory authority); or a person specially appointed by the court | Mass. R. Civ. P. 4(c); G.L. c. 41, § 92 |
| Summary process (eviction) summons and complaint | Those authorized by Mass. R. Civ. P. 4(c) | Uniform Summary Process Rule 2 |
| Massachusetts civil subpoena | Any person who is not a party and is at least 18 years old | Mass. R. Civ. P. 45(c) |
| Federal civil subpoena (for example, Form AO 88, 88A or 88B) | Any person who is at least 18 and not a party | Fed. R. Civ. P. 45(b) |
| Notices to quit, demands and other notices | Not court process; the statutes reviewed don't require a particular person. A constable's return is prima facie evidence of service | G.L. c. 41, § 94 |
General information, not legal advice. If you're unsure which rule applies to your case, ask your attorney or the court clerk.
Constables in Massachusetts
A Massachusetts constable is appointed by a city or town. In towns, the select board makes the appointment (G.L. c. 41, § 91A). A constable's power to serve civil process comes from G.L. c. 41, § 92, which has three conditions.
- A bond. The constable must give a bond to the town, with sureties approved by the select board, filed with the town clerk.
- Within the constable's town. Section 92 authorizes service "within his town."
- Dollar limits that depend on the bond.
- With a bond of at least $1,000, a constable may serve process in personal actions where damages are not laid above $200, and any writ or process under chapter 239 (summary process).
- With a bond of at least $5,000, the limit rises to damages laid up to $7,000, with matching limits for replevin.
Constables also have a separate role with notices. Under G.L. c. 41, § 94, they may serve demands, notices and citations by attested copy, and their returns are prima facie evidence of that service. The same section says this "shall not exclude the service thereof by other persons."
What this means in practice: a constable is not a statewide process server for every document. Whether a constable can take an assignment depends on four things:
- the appointing town
- the service address
- the type of document
- for court process, the amount at stake
A reputable constable checks this before accepting the work. Our coverage and service authority page explains how we review it.
In December 2025 the Massachusetts POST Commission and the Trial Court issued guidance for constables. It covers what constables who are not POST-certified may and may not do, including that they should not make arrests.
Sheriffs and deputy sheriffs
Mass. R. Civ. P. 4(c) lists the sheriff first: service "shall be made by a sheriff, by his deputy, or by a special sheriff." Unlike a constable's, a sheriff's authority under the rule isn't limited by the bond-based dollar amounts in G.L. c. 41, § 92.
Special process servers appointed by the court
Rule 4(c) also allows service "by some person specially appointed by the court for that purpose." In Massachusetts, a private "process server" generally serves a summons and complaint under this provision. The party files a motion naming the proposed server. If the court allows it, that person may serve the process covered by the order, on its terms.
Our Document Center has a motion to appoint a special process server template and a matching proposed order. If you already have a signed order, see court-appointed service.
Have an appointment order or a document to serve? Choose the request form for your document. We review the document, the address, the deadline and the authority before accepting the assignment.
Subpoenas: state and federal
Subpoenas are the main exception to the officer-only rules.
- Massachusetts subpoenas: under Mass. R. Civ. P. 45(c), a Massachusetts civil subpoena may be served by any person who is not a party and is at least 18 years old.
- Federal subpoenas: Form AO 88 (hearing or trial), AO 88A (deposition) and AO 88B (documents or inspection) are issued under Fed. R. Civ. P. 45. That rule likewise allows service by any person who is at least 18 and not a party.
Federal subpoenas follow the federal rule even when the witness is in Massachusetts. Don't use the state forms or procedure for a federal case, or the other way around.
When a subpoena commands attendance, the rules tie service to tendering fees for one day's attendance and mileage, except for subpoenas issued on behalf of the government. In Massachusetts, witness fees are set by G.L. c. 262, § 29. Because subpoena service doesn't depend on a constable's town, it is the service we can review for addresses across Massachusetts.
- Subpoena service in Massachusetts
- Form AO 88B and Form AO 88A in our Document Center
Eviction (summary process) papers
Under Uniform Summary Process Rule 2, the summary process summons and complaint must be served by someone authorized under Mass. R. Civ. P. 4(c). It must be served no later than the seventh day and no earlier than the thirtieth day before the entry day, and not before the tenancy has ended.
Constables may serve chapter 239 process within their town (G.L. c. 41, § 92). If you have summary process papers ready to serve, see our summary process service page. The notice to quit that comes before the case is different: it isn't court process. See Notice to quit in Massachusetts, or our notice to quit delivery service.
Frequently asked questions
Can a Massachusetts constable serve papers in any town?
Not under G.L. c. 41, § 92. That section authorizes a constable to serve civil process within the constable's town, up to limits set by the bond. Other documents, such as subpoenas and notices, follow different rules.
Is a process server the same as a constable in Massachusetts?
No. A constable is appointed by a city or town and serves under statute. A private process server serving a summons usually needs a court order appointing them under Rule 4(c). Any adult who isn't a party may serve a subpoena.
Can I serve court papers myself?
A party can't serve a subpoena on their own case: the rules require a non-party. For a summons and complaint, Rule 4(c) lists who may serve it. Ask the court or an attorney before trying to serve your own papers.
What happens if the wrong person serves the papers?
Service can be challenged, which can delay the case or require service to be done again. Checking authority before service is cheaper than repeating it.
How Civil Constable handles service requests
Civil Constable reviews every request before accepting it: the document, the service address, the deadline and the source of authority. If the authority isn't there, we say so before any work begins. Accepted assignments come with documented attempts and a return or completion record through the client portal.
Official sources
- Mass. R. Civ. P. 4: process; who may serve
- G.L. c. 41, § 92: constables; service of civil process
- G.L. c. 41, § 94: constables; powers and duties
- Uniform Summary Process Rule 2: service in eviction cases
- Federal Rules of Civil Procedure: Rule 45, subpoenas
- POST Commission guidance for constables
Statutes and court rules change. This article reflects the official text as reviewed in October 2026.
