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Division Commonwealth of Massachusetts The Trial Court Probate and Family Court DepartmentEssexDocket No.PL 11D0000DRJane Demotion FOR ALTERNATE SERVICE BY PUBLICATION AND MAILINGPlaintiff/Petitioner. John

How to fill out motion for alternate service

How to fill out motion for alternate service

1. Start by downloading a motion for alternate service template from a reputable legal website or consult an attorney to get a draft.
2. Fill in the case name, case number, and court information at the top of the motion.
3. Explain why you are requesting alternate service, such as the defendant evading traditional service.
4. Describe the efforts made to serve the defendant through traditional methods, including dates and times of attempted service.
5. Provide details about the defendant's current whereabouts or any information that could help locate them.
6. Include any supporting evidence or affidavits that demonstrate the necessity of alternate service.
7. State the specific method of alternate service you are seeking, such as service by publication or service by mail to the defendant's last known address.
8. Conclude the motion by requesting the court to grant the motion for alternate service.
9. Sign and date the motion, and make multiple copies for filing with the court.
10. File the motion with the appropriate court and pay any applicable filing fees.
11. Serve a copy of the filed motion to all parties involved in the case, including the defendant if their whereabouts are known.
12. Attend the scheduled hearing to support your motion if required by the court.
13. Await the court's decision on the motion for alternate service.

Who needs motion for alternate service?

1. Anyone who has made reasonable attempts to serve a defendant with legal documents, but the defendant cannot be located or avoids traditional service, may need to file a motion for alternate service.
2. Common scenarios where a motion for alternate service may be needed include cases involving individuals who have moved without providing a forwarding address, defendants who intentionally evade service, or situations where traditional methods of service have proven unsuccessful.

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What is motion for alternate service?

A motion for alternate service is a legal request to allow a party to serve legal documents to another party through a method that is different from the standard service of process, typically due to difficulties in locating the other party.

Who is required to file motion for alternate service?

The party seeking to serve the documents who is unable to serve them through conventional means is required to file a motion for alternate service.

How to fill out motion for alternate service?

To fill out a motion for alternate service, you typically need to include relevant case information, details about the attempted service, the reasons for requesting alternate service, and the suggested method of alternate service.

What is the purpose of motion for alternate service?

The purpose of a motion for alternate service is to obtain permission from the court to use a different method of service when traditional methods are not possible, ensuring that the other party is still notified of the legal proceedings.

What information must be reported on motion for alternate service?

Essential information that must be reported includes the identity of the parties, the nature of the case, details of attempts made to serve the other party, and the proposed method of alternate service being requested.