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Massachusetts Supplemental Probate and Family Court Rule 405: Notice to Person Charged With Adultery or Criminal Act

[Disclaimer]

When a complaint, cross-complaint, answer, or statement of objections to an absolute judgment charges adultery, any criminal act with a third person or allegations derogatory to the character or reputation of a third person, a notice of such complaint, cross-complaint, answer or statement of objections shall be mailed by registered or certified mail, return receipt requested, to such person at his last known address at least fourteen (14) days before the answer is due on such complaint, or forthwith upon the filing of such answer or cross-complaint or statement of objections, or forthwith upon the amendment of the complaint so as to name such persons after the issuance of process. Such service by mailing shall be proved by affidavit containing a particular statement thereof, accompanied if practicable by the return receipt showing receipt of the copy sent by registered or certified mail. Such person shall be entitled to appear within twenty (20) days after such return day or after the day of mailing such copy.

Effective July 1, 1975, amended December 14, 2011 effective January 2, 2012.

Comment: This rule restates Probate Rule 44.

Reporter's Notes (2012): The proposed change would replace the obsolete reference to a divorce "return day of process" with reference to when the answer is due.