|Amended April 24, 2015, effective October 1, 2015
Trial Court Rules Uniform Rules on Impoundment Procedure Rule 4: Service
Trial Court Law Libraries
Table of Contents
Except as otherwise provided by these rules, a movant shall serve any motion or opposition related to impoundment, or motion to modify or terminate impoundment, and any supporting materials on all parties, interested nonparties, and any other person named by the court, by mailing or delivering a copy to counsel for any represented person and to any self-represented person. Service on a represented person shall be made on the person's attorney unless service on the represented person is ordered by the court. Service shall be made in the manner provided by Rule 5 of the Massachusetts Rules of Civil Procedure or by any alternative means ordered by the court. In the event an order of impoundment is sought at the time of, or prior to, service of the original complaint, service shall be made in accordance with Rule 4 of the Massachusetts Rules of Civil Procedure. The time periods for hearing shall be as set forth in Rule 6 of the Massachusetts Rules of Civil Procedure.
(b) Service on parties prior to, or simultaneously with, service of complaint in civil proceedings
When an order of impoundment is sought at the time of, or prior to, service of the original complaint in a civil proceeding, service shall be made in the manner provided by Rule 4 of the Massachusetts Rules of Civil Procedure.
(c) Service on interested nonparty
The court may, prior to hearing, order notice to be given to any interested nonparty. Notice to such interested nonparty shall be given in such manner as the court may direct. If a person who receives notice under this subsection seeks to participate in the impoundment proceedings, the person must comply with URIP Rule 6.
(d) Service on the office of the attorney general by interested nonparty in criminal cases
The movant shall serve notice on the Office of the Attorney General, in addition to the parties to the case, of any motion filed in any court by an interested nonparty to obtain access to impounded documents in a criminal case. The Office of the Attorney General shall have an opportunity to be heard on the motion. The movant shall also notify the court of that office's right to be heard on the motion.
(e) Affidavit of service
Service shall be proved by an affidavit containing a particular statement thereof, including the names and addresses of all parties, their counsel, and all interested nonparties who have been given notice, and the method and date of service. The affidavit shall be served and filed with the motion.
The motion for impoundment and supporting materials shall be served before or at the same time as such documents are mailed or delivered to the court.
URIP Rule 4 provides the notice procedure for service of motions filed under the URIP in both civil and criminal cases. The procedure is based primarily on the requirements of Rules 4 and 5 of the Massachusetts Rules of Civil Procedure, and Rule 32 of the Massachusetts Rules of Criminal Procedure, which incorporates Rule 5 of the Massachusetts Rules of Civil Procedure.
In limited circumstances, the movant can request the court to provide service on a person whose address is impounded. In such instances, the clerk shall make a separate entry on the docket that service was made in such manner.
Impoundment in Criminal Cases or After Service of Complaint in Civil Cases
Under URIP Rule 4(a), motions for impoundment and supporting affidavits served in criminal cases or after service of the complaint in civil cases are served in the same manner as written motions generally. A copy of the motion and supporting affidavit must either be mailed or delivered to each party, interested nonparty, and any other person named by the court. Service must be on the attorney for any represented person unless otherwise ordered by the court. In Superior Court civil cases, service shall be made in accordance with Superior Court Rule 9A.
Impoundment Prior to Filing of Civil Complaint
Under URIP Rule 4(b), if impoundment is sought prior to service of the complaint, service shall be made by an officer or specifically appointed person. See Mass. R. Civ. P. 4(c). Service on an individual within Massachusetts may be made by hand or at the party's “last and usual place of abode.” See Mass. R. Civ. P. 4(d)(1) . Service on a domestic corporation should be made by delivery to an officer or to a person in charge at its principal place of business within Massachusetts. See Mass. R. Civ. P. 4(d)(2).
Service on Interested Nonparties
The movant shall serve notice upon interested nonparties at the same time the motion is sent or delivered to the court. The court may, upon motion or sua sponte, order notice of the motion for impoundment to be served on interested nonparties. This will allow interested nonparties the opportunity to be heard when the motion is first considered, and limit any situations where a “party gets the order on Monday and is back in court on Tuesday.” Republican Co. v. Appeals Court, 442 Mass. 218, 225 (2004).
Downloads for Uniform Rules on Impoundment Procedure Rule 4: Service
|Amended April 24, 2015, effective October 1, 2015