Fill out and File this 4(c) Motion
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What is a 4(c) Motion to Appoint a Special Process Server
When you start a lawsuit in Massachusetts, the court requires that the opposing party be formally served with the legal papers. This is usually done by a neutral, authorized professional such as a process server, constable, or sheriff.
A deputy sheriff has county‑wide jurisdiction, meaning they can serve any civil process within the county where they are appointed. A constable, however, is limited to serving civil process only within the city or town that appointed them.
Massachusetts also imposes an additional rule: if the amount of damages exceeds $7,000, the initial Summons and Complaint must be served only by a sheriff or deputy sheriff—unless the court approves someone else to serve process.
That exception is created through a Rule 4(c) Motion, which allows you to ask the court to appoint a Special Process Server of your choosing. The person you choose must be credible and experienced in serving court process.
A deputy sheriff has county‑wide jurisdiction, meaning they can serve any civil process within the county where they are appointed. A constable, however, is limited to serving civil process only within the city or town that appointed them.
Massachusetts also imposes an additional rule: if the amount of damages exceeds $7,000, the initial Summons and Complaint must be served only by a sheriff or deputy sheriff—unless the court approves someone else to serve process.
That exception is created through a Rule 4(c) Motion, which allows you to ask the court to appoint a Special Process Server of your choosing. The person you choose must be credible and experienced in serving court process.
What a Rule 4(c) Motion Does
A Rule 4(c) Motion is a short request asking the court to appoint a specific person or company—such as a professional process server—to serve your legal documents.
Once the judge signs the order, that person becomes legally authorized to serve the papers in your case.
Once the judge signs the order, that person becomes legally authorized to serve the papers in your case.
Why Someone Would File One
People file a Rule 4(c) Motion when:
In short: A Rule 4(c) Motion gives you more control, more speed, and more flexibility.
- The sheriff or constable is too slow, backlogged, or doesn’t cover the area
- The defendant is hard to find, avoiding service, or moving around
- You want a professional process server who can make multiple attempts quickly
- You need service outside the county or outside Massachusetts
- The damages in your case exceeds $7,000.00
In short: A Rule 4(c) Motion gives you more control, more speed, and more flexibility.
How to File a 4(c) Motion
Filing the motion is simple. Here’s the step‑by‑step process:
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1. Prepare the Motion
You fill out a short form called a “Motion to Appoint Special Process Server.” It includes:
2. Attach the Proposed Order Courts require an Order for the judge to sign. This is the document that officially authorizes the process server. 3. File the Motion with the Court You can file:
4. Wait for the Judge’s Approval Most Rule 4(c) Motions are approved quickly because they are routine and straightforward. 5. Once Approved, Service Can Begin As soon as the judge signs the order, your chosen process server can legally serve the defendant. |
