Certificate of Service — Massachusetts

CERTIFICATE OF SERVICE

Commonwealth of Massachusetts

COURT CAPTION

COMMONWEALTH OF MASSACHUSETTS

Court and division: [________________________________]

County: [________________________________] Docket no.: [________________________________]

(Use the caption and party labels from the case in which the served paper will be filed.)

CERTIFICATE OF SERVICE

Superior Court: Rule 9B requires a brief certificate on the last page of every
paper served under Mass. R. Civ. P. 5(a), showing the date and manner of service,
the names and mailing or email addresses of those served, and the party represented
by each counsel. For an electronically filed paper, Mass. R. Elec. F. 7(a) requires
a certificate; subject to the court's requirements, it may appear in the filed
document or be filed separately.

I, [________________________________], hereby certify that pursuant to Mass. R.
Civ. P. 5 and the Massachusetts Rules of Electronic Filing, on [__/__/____],
I served a true and correct copy of the following document(s):

Document(s) Served:

1. [________________________________]
2. [________________________________]
3. [________________________________]
   (add rows as needed)

upon all parties or their counsel of record as identified below, by the method(s)
indicated.

SECTION I — PARTIES / COUNSEL SERVED

Party / Counsel No. 1

Method of Service (check all that apply):

☐ Electronic service through the filing service provider (Mass. R. Elec. F. 7(b)) —
Served on the listed registered service contact through the e-filing system.

• eFileMA Transaction / Reference No.: [________________________________]
• Date/Time of transmission to the service contact's email account: [__/__/____] at [________] ☐ AM ☐ PM
• Rule 7(d) treats electronic service as complete at that transmission time. If notice says service was undeliverable, serve by an authorized conventional method under Rule 7(c).

☐ Electronic mail — Mass. R. Civ. P. 5(b)(1) — Served at an attorney of record's stated primary business email address and any designated secondary addresses, or at a self-represented recipient's address after that recipient's written consent. Email service on an incarcerated self-represented party is not authorized.

• Email address(es) served: [________________________________]
• Date/Time Transmitted: [__/__/____] at [________] ☐ AM ☐ PM
• Email service is complete upon sending unless the sender receives notice or reasonably should know transmission failed. An email sent on a weekend or legal holiday is treated as served on the next business day.
• ☐ The served paper triggers a response period; Rule 6(d) adds three days.

☐ Delivery (Hand Delivery)

• Person who received delivery: [________________________________]
• Date/Time: [__/__/____] at [________] ☐ AM ☐ PM
• Location: [________________________________]

☐ U.S. First-Class Mail, Postage Prepaid

• Mailed from: [________________________________], Massachusetts
• Date Mailed: [__/__/____]
• Note: Under Mass. R. Civ. P. 6(d), 3 additional days are added to a
  response period triggered by service by U.S. Mail.

☐ Certified Mail / Return Receipt Requested

• USPS Tracking No.: [________________________________]
• Date Mailed: [__/__/____]
• 3-day extension also applies to certified mail service.

☐ Leaving with Clerk of Court — No address is known; documents left with the clerk under Rule 5(b).

☐ Other (describe): [________________________________]

Party / Counsel No. 2

Method of Service (check all that apply):

☐ eFileMA Electronic Service

• eFileMA Reference No.: [________________________________]
• Date/Time: [__/__/____] at [________] ☐ AM ☐ PM

☐ Electronic Mail (Email) — Mass. R. Civ. P. 5(b)(1)

• Email address(es): [________________________________]
• Date/Time Transmitted: [__/__/____] at [________] ☐ AM ☐ PM

☐ Delivery (Hand Delivery)

• Date/Time: [__/__/____] at [________]
• Location: [________________________________]

☐ U.S. First-Class Mail

• Mailed from: [________________________________], Massachusetts
• Date Mailed: [__/__/____]

☐ Certified Mail

• USPS Tracking No.: [________________________________]

☐ Other: [________________________________]

(Duplicate Party / Counsel block as needed for additional parties)

SECTION II — MULTIPLE-PARTY SERVICE TABLE

(Use when serving three or more parties; attach continuation sheets if needed)

SECTION III — SELF-REPRESENTED PARTY SERVICE

A self-represented party who is not a registered e-filing user must be served
by an authorized conventional method. A supplied email address alone does not
authorize email service; Rule 5(b)(1)(C) requires written consent.

☐ The following self-represented party was served by manual means:

• Pro Se Party Name: [________________________________]
• Last Known Address: [________________________________]
• City, State, Zip: [________________________________]

• Method of Service:
  ☐ U.S. First-Class Mail — Date Mailed: [__/__/____]
  ☐ Hand Delivery — Date/Time: [__/__/____] at [________]
  ☐ Certified Mail — Tracking No.: [________________________________]
  ☐ Email (after this self-represented party's written consent under Rule 5(b)(1)(C); unavailable for an incarcerated party) — Date: [__/__/____]
  ☐ Left with clerk (no address known) — Date: [__/__/____]

• Notes: [________________________________]

SECTION IV — PROBATE AND FAMILY COURT SERVICE

If the applicable proceeding or court order requires service on an interested
person who is not a party of record, document that service separately. Identify
the authority requiring service before using this section.

☐ The following interested person(s) were served in connection with this matter:

SECTION V — SUPERIOR COURT RULE 9B

Under Superior Court Rule 9B, certificates of service in Superior Court matters
must include: (a) the date of service; (b) the method of service; (c) the names
and addresses of all counsel and self-represented parties served; and (d) the
party each attorney represents.

☐ I confirm this certificate complies with the requirements of Superior Court
Rule 9B.

SECTION VI — eFileMA PORTAL NOTES

eFileMA (Massachusetts Electronic Filing). Massachusetts courts use
eFileMA. Under Mass. R. Elec. F. 7(b)–(d), confirm the service contacts selected,
record transmission to them, and conventionally serve any nonregistered party or
recipient for whom electronic service is reported undeliverable.

December 1, 2023 Amendments. Amendments to Mass. R. Civ. P. 5 and 6
effective December 1, 2023 authorized email service without the need for a
prior written agreement between represented parties using attorneys' stated
business email addresses. Email to a self-represented party requires that
party's written consent under Rule 5(b)(1)(C). The 3-day extension was moved
from former Rule 6(e) to current Rule 6(d).

Business Litigation Session (BLS). The BLS in Suffolk Superior Court may
have specific standing orders regarding service and submission of filings.
Check current BLS standing orders at the time of filing.

SECTION VII — TIME COMPUTATION / THREE-DAY RULE

Under Mass. R. Civ. P. 6(d), when a party must
act within a prescribed period after service, three (3) additional days
are added when service is made by:

• U.S. Mail
• Email pursuant to Rule 5(b)(1)
• Otherwise electronically, including through the Electronic Filing Service
  Provider pursuant to Mass. R. Elec. F. 7(b)

For a paper that was not electronically filed, hand delivery alone does not
trigger Rule 6(d)'s three-day addition. Mass. R. Elec. F. 7(e) separately adds
three days when an electronically filed document is served by conventional
methods; check that rule before computing a deadline from such service.

Example: A 14-day response period triggered by mail service ordinarily has
three additional days; compute the start and final day under Rule 6(a).

If the final day falls on a Saturday, Sunday, or legal holiday, the deadline
extends to the next court day under Mass. R. Civ. P. 6(a).

DECLARATION

I declare under the penalties of perjury that the foregoing Certificate of
Service is true and correct.

Date: [__/__/____]

Signature: ______________________________

Printed name: [________________________________]

BBO number (if attorney): [____________________]

Address: [________________________________]

Email: [________________________________]

Counsel for: [________________________________]

PRACTITIONER NOTES

1. Certificate placement. Superior Court Rule 9B requires the brief
service statement on the last page of papers served under Rule 5(a).
Mass. R. Elec. F. 7(a) requires a certificate with an e-filed paper and allows
it in the paper or separately, subject to the court's requirements.

2. Email Service Without Prior Agreement. The December 1, 2023 amendments
permit service at an attorney of record's stated business email address without
a separate agreement. A self-represented recipient must consent in writing;
email service on an incarcerated self-represented party is unavailable. Record
the addresses used and any failed-transmission notice.

3. Three-Day Extension — Email and eFileMA. The December 1, 2023 amendments
clarify that the 3-day extension under Rule 6(d) applies to email service and
EFSP service through eFileMA, not just mail service. Calendar all response
deadlines accordingly.

4. Attorney number. If the served paper's filing instructions call for an
attorney registration number, include it in the signature block.

5. Business Litigation Session. The BLS in Suffolk Superior Court has its
own standing orders. Review current BLS standing orders for any special service
or filing requirements.

6. Probate and Family Court — Interested Persons. Service in Probate Court
proceedings often extends beyond parties to include interested persons (heirs,
creditors, etc.). Use Section IV to document all such service.

7. "Commonwealth of Massachusetts." Always use "Commonwealth" (not "State")
in court captions and certificate headers. This is standard Massachusetts
practice.

8. Filing method. Confirm the current filing method for the court and case
type before relying on electronic service through the filing provider.

Sources and References

• Mass. R. Civ. P. 5: https://www.mass.gov/rules-of-civil-procedure/civil-procedure-rule-5-service-and-filing-of-pleadings-and-other-papers
• Mass. R. Civ. P. 5 and 6 Amendments (Dec. 1, 2023): https://www.mass.gov/doc/amendments-to-rules-5-and-6-of-the-rules-of-civil-procedure-reporters-notes-effective-dec-1-2023/download
• Mass. R. Civ. P. 6 (Time): https://www.mass.gov/rules-of-civil-procedure/civil-procedure-rule-6-time
• Superior Court Rule 9B: https://www.mass.gov/superior-court-rules/superior-court-rule-9b-certificates-of-service
• Mass. R. Elec. F. 7: https://www.mass.gov/supreme-judicial-court-rules/massachusetts-rules-of-electronic-filing-rule-7-service-of-electronically-filed-documents