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Massachusetts Civil Process & Constable Services

Source register

Legal Sources

The official sources behind the legal and procedural statements on this website. Each statement links here so you can read the law yourself.

Illustration: a briefcase and stacks of legal papers rest on the granite steps of a columned courthouse in a New England town.
How to read this page

This register lists each source the site relies on and the specific point it supports. Sources were last reviewed in October 2026. Summaries are not legal advice; laws, rules and standing orders change. Always read the current official text.

SourceRelied on forBasis
G.L. c. 41, § 91A
Appointment of constables in towns
Constables in towns are appointed by the select board for terms of up to three years. Official text excerpt reviewed
G.L. c. 41, § 91B
Application and investigation before appointment
Appointment follows a written application, character references and review by the appointing authority. Official text excerpt reviewed
G.L. c. 41, § 92
Constables — bonds; service of writs and process
A bonded constable may serve certain civil writs and process "within his town"; the dollar limit depends on the bond amount (up to $200 with a $1,000 bond, up to $7,000 with a $5,000 bond), and process under chapter 239 (summary process) is included. Official text excerpt reviewed
G.L. c. 41, § 94
Constables — service of demands, notices and citations
Constables may serve demands, notices and citations by attested copy, and their returns of that service are prima facie evidence; other persons may also serve them. Secondary sources
State Ethics Commission, EC-COI-85-41
Advisory opinion on constable service area
Describes a constable as serving in the municipalities that appointed them. Official text excerpt reviewed
Mass. R. Civ. P. 4
Process (summons; who may serve; methods; time limit)
Rule 4(c): service by a sheriff or deputy, by any other person duly authorized by law, or by a person specially appointed by the court. Rule 4(d): methods of service. Rule 4(j): service of the summons and complaint generally within 90 days after filing. Official text excerpt reviewed
Mass.gov — Complete a service of process (BMC, District Court, Housing Court)
Trial Court guidance on service of process
Official guidance listing sheriffs, constables and court-appointed persons among those who may serve process in these courts. Official text excerpt reviewed
G.L. c. 223, § 31
Service at last and usual place of abode (District Court mailing)
Abode service in some District Court matters is accompanied by a first-class mailing that is noted on the return. Official text excerpt reviewed
G.L. c. 262, § 8
Fees of sheriffs, deputy sheriffs and constables
Certain service fees are set by statute. The site states only that statutory fee components are identified separately in quotes; no amounts are published. Official text excerpt reviewed
G.L. c. 186, § 11
Notice to quit for nonpayment — written lease
Fourteen days’ notice for nonpayment of rent under a lease, with the tenant’s right to cure as stated in the statute. Official text excerpt reviewed
G.L. c. 186, § 12
Termination of tenancy at will; notice periods
Notice periods for terminating a tenancy at will, including the fourteen-day notice for nonpayment and the related cure provision. Official text excerpt reviewed
G.L. c. 186, § 31
Form to accompany residential notice to quit for nonpayment
A residential notice to quit for nonpayment of rent must be accompanied by the form prepared by the Executive Office of Housing and Livable Communities. Official text excerpt reviewed
EOHLC — Notice to Quit accompanying form
Official accompanying form and translations
Location of the official form that must accompany a residential nonpayment notice to quit. Official text excerpt reviewed
G.L. c. 239
Summary process for possession of land
Summary process is the court procedure for recovering possession of premises. Official text excerpt reviewed
G.L. c. 239, § 3
Judgment and execution; notice before levy
Execution for possession of a residence requires advance written notice as provided in the statute. Official text excerpt reviewed
Uniform Summary Process Rule 2
Form of summons and complaint; entry; service of process
The summary process summons and complaint is served no later than the seventh day and no earlier than the thirtieth day before the entry day. Official text excerpt reviewed
Trial Court Administrative Order 21-2
Suspension of certain Uniform Summary Process Rule provisions
Court standing orders can modify summary process procedures; current orders must be checked for each case. Official text excerpt reviewed
Housing Court Interim Standing Order 1-23
Temporary modifications to Housing Court operations
Standing orders may require constable or sheriff service of certain court-event notices; requirements vary by court and order. Official text excerpt reviewed
Mass. R. Civ. P. 45
Subpoena
Issuance of civil subpoenas by a clerk, notary public or justice of the peace; service by a non-party at least 18 years old; methods of service; tender of fees and mileage where attendance is required; objections to production. Official text excerpt reviewed
G.L. c. 233, § 1
Summons for witnesses — issuance
Who may issue a summons for a witness. Secondary sources
G.L. c. 233, § 2
Summons for witnesses — service
Witness summonses may be served by an officer qualified to serve civil process or by a disinterested person. Official text excerpt reviewed
G.L. c. 262, § 29
Witness fees and mileage
Witness attendance fees and mileage are set by statute. The site does not publish amounts; the requester supplies tender instructions. Secondary sources
Fed. R. Civ. P. 45; AO 88, 88A, 88B
Federal subpoena rule and official subpoena forms
Any non-party at least 18 years old may serve a federal subpoena; fees for one day’s attendance and mileage are tendered when attendance is required (Rule 45(b)(1)). Source of the AO 88-series forms. Official text excerpt reviewed
G.L. c. 110G (Uniform Electronic Transactions Act)
Massachusetts electronic records and signatures
Electronic signatures and records generally have legal effect in transactions where the parties agree to conduct business electronically, subject to the Act’s exclusions. Secondary sources
15 U.S.C. §§ 7001, 7003 (E-SIGN Act)
Federal electronic signatures law and exclusions
Consumer consent for electronic records; exclusions that appear to cover court documents and certain eviction-related notices. Electronic signing is therefore not offered for notices to quit or court forms. Official text excerpt reviewed
Mass. R. Electronic Filing 13
Electronic signatures on e-filed court documents
Court e-filing has its own signature rules; the site does not provide signing for court filings. Official text excerpt reviewed
SJC Rule 1:26 (effective January 1, 2027)
Electronic signatures of attorneys and parties
A new statewide court rule on electronic signatures takes effect January 1, 2027; its effect on affidavits of service should be reviewed before any change to the return-of-service workflow. Official text excerpt reviewed
G.L. c. 222, § 28 (St. 2023, c. 2)
Remote online notarization
Notarized documents (for example, the custodian affidavit jurat) require a notarial act; the site does not perform or simulate notarization. Official text excerpt reviewed
201 CMR 17.00
Standards for the protection of personal information of Massachusetts residents
Businesses holding personal information of Massachusetts residents maintain a written information security program. Referenced in the Privacy Policy. Official text excerpt reviewed
G.L. c. 93H, § 3
Security breach notification
Notification duties after a breach of security involving personal information. Referenced in the Privacy Policy. Official text excerpt reviewed
Massachusetts Court System
Official court information, forms and self-help
General referral for court forms, procedures and self-help resources. Official text excerpt reviewed