Legal Question in Family Law in Massachusetts
Notice of Appearance
When filing a Notice of Appearance, do you need to wait until the other party has counsel, or can you just send the Certificate of Service to the opposing party?
2 Answers from Attorneys
Re: Notice of Appearance
The idea behind a notice of appearance is to give official notice to the other party. If that party does not have a lawyer who has made an appearance, they are not represented in that action. So you give notice to the party. If that party has a lawyer who has made an appearance, you give notice to the lawyer.
If the lawyer on the other side, once having appeared, is permitted to leave a case by the judge, then you again revert to notifying the other party of anything you are doing requiring notice.
Remember that making an appearance means filing in court. It does not mean telling you that such a person intends to file an appearance, that it's in the mail, etc., although between counsel, we usually trust each other when told the Notice of Appearance has been mailed.
Re: Notice of Appearance - Service
Notice of appearance weds you to the case. The original notice of appearance is filed with a court, and copies are sent to each party. If a party is represented by counsel, then the notice goes to the counsel.
You must certify with the notice to the court that you have sent a copy of the notice to each party or their counsel.
If you are filing notice because you are successor, call me and I will assist you.
If you have any questions, call me.