Massachusetts 2023-2024 Regular Session

Massachusetts House Bill H1384

Introduced
2/16/23  

Caption

Relative to service of civil process fees

Impact

The introduction of H1384 is expected to streamline the process of civil procedure by establishing clear and consistent fee structures for service of process. This aims to address any existing inconsistencies and promote fair access to legal proceedings. By clarifying these fees, the bill could potentially lower barriers to legal access for plaintiffs and defendants alike, thereby making the judicial system more navigable. However, the impact of raising certain fees could also invite discussion about the financial implications for individuals seeking legal recourse, especially in cases involving divorce or other significant legal issues.

Summary

House Bill H1384 aims to modify the existing fees associated with the service of civil process in the Commonwealth of Massachusetts. The bill proposes specific amendments to Chapter 262 of the General Laws, particularly Section 8, which outlines the fees for serving various legal documents. According to the new provisions, the fee for serving an original summons, trustee process, subpoena, or scire facias would be set at $30 for each defendant, while the fee for personally serving an original summons and complaint for divorce or similar documents would increase to $45. This change seeks to formalize and update the fee structure, reflecting the realities of today's judicial processes.

Contention

While the bill may present an improvement over outdated fee structures, there may be concern about the increase in service fees for sensitive legal matters such as divorce. Advocates for lower fees may argue that any increase could disproportionately affect low-income individuals who already face financial challenges in accessing legal services. Furthermore, as the bill progresses through the legislative process, the balance between maintaining adequate funding for judicial services and ensuring affordable access to these services is likely to become a key point of contention in debates surrounding H1384. Stakeholders will need to assess whether the proposed fees align with the broader goals of justice and equity in the legal system.

Companion Bills

MA H1385

Similar To Relative to the deposit of civil process fees

MA H4936

Similar To Similar Bills

MA H5048

Similar To Study Order

MA H4517

Replaced by Study Order

Similar Bills

No similar bills found.