Rule 5. Service and Filing of Pleadings and Other Papers

(a) Service: When Required. Except as otherwise provided in these Rules, or unless the court on motion with or without notice or of its own initiative otherwise orders, every order required by its terms to be served, every pleading subsequent to the original complaint, every paper relating to discovery required to be served upon a party, every written motion other than one which may be heard ex parte, and every written notice, notice of change of attorney, appearance, demand, brief or memorandum of law, offer of judgment, designation of record on appeal, and similar paper shall be served upon each of the parties. No service need be made on any party in default for failure to appear except that any pleading asserting new or additional claims for relief against him shall be served upon him in the manner provided for service of summons in Rule 4 and except as otherwise provided in Rule 55(b)(2) with regard to notice of a hearing on the amount of damages. Any document filed through the court's electronic filing system must be served on all other parties and must include a certificate of service pursuant to Rule 7(a) of the Massachusetts Rules of Electronic Filing.

(b) Same: How Made. Whenever under these rules service is required or permitted to be made upon a party represented by an attorney the service shall be made upon the attorney unless service upon the party is ordered by the court. Service upon the attorney or upon a party shall be made by delivering a copy to the person or by mailing it to the person at the person's last known address or, if no address is known, by leaving it with the clerk of the court. Service may also be made by e-mail as provided in Rule 5(b)(1) or through the Electronic Filing Service Provider pursuant to Rule 7(b) of the Massachusetts Rules of Electronic Filing. Delivery of a copy within this rule means: handing it to the attorney or to the party; or leaving it at the person's office with a clerk or other person in charge thereof; or, if there is no one in charge, leaving it in a conspicuous place therein; or if the office is closed or the person to be served has no office, leaving it at the person's dwelling house or usual place of abode with someone of suitable age and discretion then residing therein. Service by mail is complete upon mailing.

(1) Service by E-mail. Service may be made by e-mail, except as otherwise provided in these Rules, or unless the court otherwise orders or the parties otherwise stipulate.

(A) Primary Business E-mail Address, Attorney of Record. An attorney of record must, in accordance with Rule 11(a)(1), state a primary business e-mail address on the initial pleading and any other document required to be served under Rule 5(a). Thereafter, service in the proceeding may be made using the email address so stated. If, for any reason, an attorney of record changes a primary e-mail address, cannot be served at a primary e- mail address previously provided, or has not previously provided a primary e-mail address, the attorney of record shall promptly communicate that to all other attorneys of record and self- represented parties and provide an active primary e-mail address.

(B) Secondary Business E-mail Addresses, Attorney of Record. An attorney of record may designate up to two secondary business e-mail addresses by communicating such secondary e-mail addresses to all other attorneys of record and self- represented parties and requesting that service be made to such secondary e-mail addresses. Thereafter, e-mail service must be directed to all designated e-mail addresses in the proceeding.

(C) Self-Represented Parties. Pleadings and other documents may not be served by e-mail upon a self-represented party, unless that self-represented party consents in writing, which may be by e-mail, in which case the self- represented party shall be fully subject to Rule 5(b)(1)(A)-(F). A self-represented party who has consented to service by e-mail may withdraw such consent in writing, which may be by e-mail, or by leave of court. Notwithstanding the foregoing, service by e-mail on an incarcerated self- represented party is not authorized under any circumstances.

(D) Effective Time of E-mail Service. Service by e-mail is complete upon pressing "send" or its equivalent, unless the person making service receives notice or otherwise reasonably should be aware that the e-mail was not successfully transmitted. If the person making service learns that the e-mail was not successfully transmitted, the person must promptly resend the document to the intended recipients by e-mail or by another means authorized by Rule 5(b). Any document served by e-mail by 11:59 P.M. on a business day shall be considered served on that date. Any document served by e-mail on a Saturday, Sunday, or legal holiday shall be considered served the next business day.

(E) Documents Served by E-mail. Documents served by e-mail may be transmitted via attachment or by providing a link within the body of the e-mail that will allow the party to download the documents.

(F) Defective Service. Any party who claims that the party did not receive documents that were purportedly served by e- mail may move for relief from any ruling, entry of default, or other adverse action that arose from the allegedly defective service.

(c) Same: Multiple Defendants. The court, on motion with or without notice or of its own initiative, may order that service of the pleadings of the defendants and replies thereto need not be made as between the defendants and that any cross-claim, counterclaim, or matter constituting an avoidance or affirmative defense contained therein shall be deemed to be denied or avoided by all other parties and that the filing of any such pleading and service thereof upon the plaintiff constitutes due notice of it to the parties. A copy of every such order shall be served upon the parties in such manner and form as the court directs.

(d) Filing Generally, and Nonfiling of Discovery Materials.

(1) Except as otherwise provided in Rule 5(d)(2), all papers after the complaint required to be served upon a party shall be filed with the court either before service or within a reasonable time thereafter. Such filing by a party's attorney shall constitute a representation by him, subject to the obligations of Rule 11, that a copy of the paper has been or will be served upon each of the other parties as required by Rule 5(a). No further proof of service is required unless an adverse party raises a question of notice. In such event, prima facie proof of service shall be made out by a statement signed by the person making service, or by a written acknowledgment signed by the party or attorney served; and such statement or acknowledgment shall be filed within a reasonable time after notice has been questioned. Failure to make proof of service does not affect the validity of service.

(2) Unless the court, generally or in a specific case, on motion ex parte by any party or concerned citizen, or on its own motion shall otherwise order, the following shall not be presented or accepted for filing: notices of taking depositions, transcripts of depositions, interrogatories under Rule 33, answers and objections to interrogatories under Rule 33, requests under Rule 34, and responses to requests under Rule 34. The party taking a deposition or obtaining material through discovery is responsible for its preservation and delivery to court if needed or so ordered. Notwithstanding anything in this Rule 5(d)(2), any party pressing or opposing any motion or other application for relief may file any document pertinent thereto.

(e) Filing With the Court Defined. The filing of pleadings and other papers with the court as required by these rules shall be made by filing them with the clerk of the court, except that a judge may permit the papers to be filed with him, in which event he shall note thereon the filing date and forthwith transmit them to the office of the clerk.

(f) Effect of Failure to File. Except as provided in Rule 15 of the Massachusetts Rules of Electronic Filing, if any party fails within five days after service to file any paper required by this rule to be filed, the court on its own motion or the motion of any party may order the paper to be filed forthwith; if the order be not obeyed, it may order the paper to be regarded as stricken and its service to be of no effect.

(g) Information Required. On any pleading or other paper required or permitted by these rules to be filed with the court, there shall appear the name of the court and the county, the title of the action, the docket number, the designation of the nature of the pleading or paper, and the name and address of the person or attorney filing it. In any case where an endorsement for costs is required, the name of any attorney of this Commonwealth appearing on the complaint filed with the court shall constitute such an endorsement in absence of any words used in connection therewith showing a different purpose.

(h) Protection of Personal Identifying Information. Publicly accessible documents filed with the court shall conform to Supreme Judicial Court Rule 1:24, Protection of Personal Identifying Information in Publicly Accessible Court Documents. Rule History