258E Guideline 4:08: Alternative Service Must Be Authorized by a Judge

Part of the Guidelines of Judicial Practice: Harassment Prevention Proceedings.

Guideline 4:08

Where in-hand service cannot be made because of lack of knowledge of the defendant’s whereabouts, evidence that the defendant is avoiding service, or for any other reason, a judge, upon finding that the appropriate law enforcement agency has made a conscientious and reasonable effort to effect service, but has nevertheless failed, can authorize service by alternative means, including service at last and usual address, leaving at defendant’s work address or an address the defendant is known to frequent (e.g., parents’ home), by e-mail, etc. In such circumstances, the judge must make the finding on the order. Notice by publication should not be utilized as it is ineffective and may, in some circumstances, violate the plaintiff’s privacy interests. See G.L. c. 41, § 97D. The police are required to make a return of service to the court.

Commentary

Alternative service should only be authorized by the court upon a finding that conscientious and reasonable efforts have been made to serve the defendant in-hand. SeeZullo v. Goguen, 423 Mass. 679, 681 (1996). See Guideline 5:05 Failure of the Defendant to Appear andGuideline 6:04 Service of Initial Orders After Notice on the Defendant.

If the court finds that law enforcement officers have made conscientious and reasonable efforts to serve the defendant, the judge may authorize alternative service. A law enforcement officer may also request alternative service on the Return of Service form after having made a conscientious and reasonable effort to serve the defendant. Alternative service may be to the last known address or another address, including an email address, most likely to result in actual notice to the defendant. The judge must indicate on the order the specific type of alternative service permitted and the method by which alternative service is to be made. The clerk should docket any service returned to the court, even if the judge had previously not ordered alternative service.

When alternative service is used, the plaintiff should be informed that the alternative service may not provide the necessary notice of the order that would be required for successful criminal enforcement of the order if the order were to be violated. See Commentary to Guideline 8:01 Enforcing Violations of Harassment Prevention Orders.

Last updated:	October 20, 2025