Affidavit Under Uniform Summary Process – Rule 10 and Military Affidavit – Massachusetts Courts

The Affidavit Under Uniform Summary Process form is designed for use in compliance with Rule 10 of the Uniform Summary Process and to provide necessary information for military affidavit purposes. It is intended for individuals involved in summary process actions (evictions) within the Massachusetts Trial Court system. The affidavit ensures that the affiant verifies key details regarding the case, including the military status of the defendant, to comply with federal and state requirements. This affidavit is a critical document in the summary process and must be filled out accurately to ensure compliance with legal requirements and protection of all parties’ rights involved in the eviction process.

This guide will help you accurately complete the “Affidavit Under Uniform Summary Process – Rule 10 and Military Affidavit” form. Follow these step-by-step instructions to ensure all necessary information is provided.

1. Accessing the Form

• Open the form on your computer. Make sure you are using a compatible browser to avoid any rendering issues.

2. Docket Number

• Docket Number: Enter the docket number associated with your case in the space provided at the top of the form.

3. Plaintiff and Defendant Information

• Plaintiff: Enter the full name and address of the plaintiff (the person or entity initiating the eviction).
• Defendant: Enter the full name and address of the defendant (the person being evicted).

4. Military Status Verification

• Defendant’s Military Status: You must verify and state whether the defendant is currently serving in the military. This section is crucial for compliance with the Servicemembers Civil Relief Act (SCRA).
  • If the defendant is not in military service, check the appropriate box indicating this.
  • If the defendant is in military service, check the box indicating this and provide additional details as required.

5. Additional Details

• Provide any additional information as requested in the form, such as dates, related case information, or other relevant details pertaining to the eviction process.

6. Signature and Date

• Signature: The form must be signed by the affiant (the person completing the affidavit). Ensure you sign in the designated area.
• Date: Enter the date you are signing the affidavit.

7. Saving the Form

• Save as PDF: Once you have filled out all required fields, click the “Save as PDF” button. This will generate a PDF copy of the form.
  • Review the PDF to ensure all information is correct and complete.
  • Note that once the form is saved as a PDF, no further changes can be made to it.

8. Resetting the Form

• If you need to start over or correct any mistakes before saving, click the “Reset Form” button. This will clear all entered information, allowing you to refill the form.

9. Submitting the Form

• After saving the form as a PDF, you can print, email, or upload it as required by the court or relevant parties.
• Ensure you follow any specific submission instructions provided by the court or legal counsel.

Tips for Completing the Form

• Accuracy: Double-check all information entered to ensure it is accurate and complete.
• Clarity: Write clearly and legibly if filling out by hand.
• Compliance: Make sure all sections are filled out in compliance with legal requirements and the specific instructions of the court.

This form is a legal document used in summary process actions (evictions) and must be filled out accurately to ensure compliance with both state and federal laws. If you have any questions or need further assistance, consider seeking legal advice or contacting the court for additional guidance.