Mass. Trial. Ct. R. 3
Commentary
2004 Amendments. The change to paragraph (a) reflects the amendment of G.L. c. 218, § 22 by St. 2004, c. 149, § 199. This amendment abolishes the earlier statutory requirement of notice by registered mail. Notice by first class mail is now sufficient.
2001 Amendments. The change to paragraph (a) codifies the holding of Schreiber v. Hoyusgaard, 1989 Mass. App. Div. 138 (S. Dist.), that in the case of an out-of-state defendant the service provisions of the long-arm statute (G.L. c. 223A, § 6) prevail over those in this rule. The practical significance of this change is that mail service on an out-of-state defendant is valid only if there is a signed receipt for the certified mail.
The procedure embodied in the proposed amendment to paragraph (b) would give plaintiffs a guarantee of protection from surprise defenses, but it would not require an answer to be filed in all cases. The amendment to paragraph (c) would also protect plaintiffs from surprise.