SCCO BLOG

Can a Constable Deliver Documents Any Day of the Week?

Person holding documents and a folder.

This article is being published on the day before Veteran’s Day. I usually have to look up on what holidays I can serve and what ones I can’t. Here’s an article for those interested. Be sure to take a moment and think of our vets and what they have done for us. Better yet, go thank them for their service and sacrifices. We wouldn’t be the best free nation in the world without them!

You’ve written your Subpoena or legal document and ready to go to the constable. You know you’re behind a little bit on getting it served, but you know your constable is quick and will get the job done on time.

Because you’re on a tight deadline and it’s the end of the week, you may wonder: Can a constable deliver documents any day of the week?

Short Answer: It Depends

Here in Massachusetts, the answer is no (General Laws of Massachusetts Chapter 136, Sec. 5). In fact, only 11 states do not allow service to be made on a Sunday. The remaining 39 states service of process on Sundays and holidays is totally legal.

The other 10 states that do not allow service on Sunday are:

· Florida

· Maine

· Minnesota

· New York

· Rhode Island

· South Dakota

· Tennessee

· Texas

· Virginia

· West Virginia

Some of the above states allow service of process on Sundays by court order, or in special cases.

In addition to no service on Sundays, New York prohibits the service of process on Saturday to anyone who observes Saturday as a holy day.

Massachusetts ‘Blue Laws’

Generally, most types of non-retail businesses may operate on the following legal holidays, without a permit or restrictions:

· New Year’s Day

· Martin Luther King Day

· President’s Day

· Evacuation Day

· Patriots’ Day

· Bunker Hill Day

· Juneteenth Independence Day

· Columbus Day after 12:00 noon

· Veterans Day after 1:00 p.m.

Most non-retail businesses cannot operate on any other legal holidays, unless they fall within one of the exemptions in M.G.L. c. 136, secs. 4, 6 and/or 14. See also M.G.L. c. 140, sec. 181.