Massachusetts | Civil Litigation
Legal Question
can a lawyer accept service of a compliant on behalf of their client with out a summons
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Legal Answer
Yes, but there is no requirement that they do.
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VAUGHN-MARTEL LAW 1180 Washington Street, Suite 101 Boston, MA 02118
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Legal Answer
Service of process (which is the legal terminology for service of the summons and complaint) normally requires that there be both a summons and a complaint served together. While I don't know of anything prohibiting the recipient from waiving the requirement of a summons being served with the complaint on their own volition, technically speaking service of just the complaint without the accompanying summons would have to be approved by the court as an amendment to the required procedure in order to make it official and valid. In considering this issue, the court would look to whether "material prejudice would result to the substantial rights of the party against whom the process is issued." M.R.Civ.P. 4(g).
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Law Office of T. George Davis, Jr. P.O. Box 1150 Vineyard Haven, MA 02568-1150
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Legal Answer
A lawyer can accept service of a complaint on behalf of a client, but should require that the summons be served as well, upon which the accepting lawyer can indicate his acceptance of service then return to the attorney making service for filing with the court. The court usually requires a summons be filed indicating a return of service (proof it was served). Waiving this could cause a problem.
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TIEDEMANN LAW FIRM (TLF) 92 State Street, Ste 700 Boston, MA 02109
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