The purpose of this rule is to allow persons certified by the Secretary of the Commonwealth as program participants under the Address Confidentiality Program, G. L. c. 9A, §§ 1 et seq . to use "substitute addresses" provided in that program in certain court proceedings. The words "address," "program participant" and "Secretary" as used in this rule shall have the same meaning as designated for said words in G. L. c. 9A, § 1 .
This rule shall supersede any court rule, standing order or administrative directive to the contrary.
Any address confidentiality program participant and minor child(ren) residing with the program participant who are listed with the Secretary of the Commonwealth as included within the program, shall be entitled to use the address designated for him or her by the Secretary of the Commonwealth pursuant to Chapter 9A of the General Laws as his or her address. This address may be used in connection with any civil proceeding that is open to the public, except youthful offender cases, and except as may be ordered by the court, provided that the program participant first submits to the court in which the particular action is pending or is to be filed, an affidavit for use of substitute address on a form provided in this rule. The actual address of the program participant may be used by court personnel in the furtherance of their official duties, but such address shall not be used for purposes of mailing any documents, notices or orders.
Any person who submits such an affidavit in connection with a particular action shall have an affirmative duty to notify the court if his or her certification is canceled by the Secretary of the Commonwealth or expires during the pendency of the particular action. Such person shall also file a new affidavit whenever there is a change in the actual address as listed on the affidavit filed with the court. Said affidavit shall be impounded by operation of this rule without any further judicial action. The Clerk, Register, or Recorder shall segregate the impounded affidavit from the other papers and shall not make the information contained therein available to other parties.
AFFIDAVIT FOR USE OF "SUBSTITUTE ADDRESS"
RE: ______________ v. ______________
Docket Number: ______________
Address Designated by Secretary of the Commonwealth as my substitute address:
I hereby swear or affirm that pursuant to Chapter 9A of the General Laws I was certified by the Secretary of the Commonwealth on ______________ to participate in the Address Confidentiality Program and that the certification remains in full force and effect. My actual residential address is ______________. The minor children residing with me at that address who are also participants in the Address Confidentiality Program are:
Signed under the penalties of perjury this ______________ day of ______________ in the year ______________.
Certified Program Participant
As a Program participant you may use the substitute address provided by the State Secretary of the Commonwealth and need not use your actual address in this court proceeding except as the court may otherwise order. However, you should be aware that other individuals who know your actual address might use that address in documents filed with the court or during the court proceedings related to this case. Furthermore, your actual address may appear in case files in other court proceedings not related to this case. You should consider seeking a protective order and/or an order of impoundment of all court documents containing your actual address to protect your safety further.
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