As a prelude to this presentation, consult Mass General Law Chapter 4, Section 7 (Eighteenth) which defines the days listed as Legal Holidays.
Mass General Law 136 applies to activities conducted on Sundays and Holidays.
Chapter 136-8 prohibits service of civil process on Sunday.
No service on Sunday under any circumstance!
Chapter 136-13 states that the provisions of Chapter 136 sections 5-11 shall apply to all legal holidays unless they are listed as exceptions. This means that Sunday rules for the service of civil process apply to all holidays except for those specifically excluded in section 13.
NOTE: Chapter 136, section 13 refers to section 14, but this applies to the delivery of goods and to sporting events, not to the service of process.
Based upon the exceptions listed in Chapter 136 section 13, service of civil process is permissible on the following dates:
- January 1, New Years Day
- The 3rd Monday in January/Martin Luther King Day
- The 3rd Monday in February/President's Day
- March 17/St. Patrick's Day-Evacuation Day (Suffolk County Holiday)
- The 3rd Monday in April/Patriot's Day
- May 20/This is currently not a holiday, but it is listed in this section.
- June 17/Bunker Hill Day (Suffolk County Holiday)
- The 2nd Monday in October/Columbus Day. Service is permitted only after twelve noon.
- November 11/Veteran's Day. Service is permitted only after 1:00PM.
NOTE: The above applies on the following day (Monday) when the holiday occurs on Sunday.
Since the following holidays are not listed in the exclusions, Sunday rules apply. Therefore, service of civil process is prohibited on:
Memorial Day---Independence Day---Labor Day---Thanksgiving---Christmas
No service on these 5 holidays regardless of what day they fall on!
NOTE: The above mentioned information is the opinion of Michael B. Fixman based upon research conducted utilizing public records. This information should be independently verified by the reader's legal counsel prior to relying upon it.
