(Applicable to all cases seeking asset forfeiture pursuant to G.L. c. 94C, § 47; G.L. c. 90, § 24W; G.L. c. 257, §§ 1-14; G.L. c. 265, § 56; or any other statute authorizing civil asset forfeiture)
The proposed order shall provide for notice to each potential claimant, including: each person (a) from whose possession the asset was seized; (b) who holds registered or recorded title to the asset; or (c) who, according to information known or within the possession, custody or control of the Commonwealth, has or may claim an interest in the asset. If the person to be served is represented by counsel in the forfeiture proceeding or in a related criminal proceeding, the Commonwealth shall also serve notice on that person's counsel.
The proposed order shall provide for service of notice to each potential claimant within ten business days after issuance of the order. The Commonwealth shall serve notice on an incarcerated person in hand by a custodial officer at the place of incarceration or by certified or registered mail requiring a signed receipt, addressed to the potential claimant at the place of incarceration. The Commonwealth shall serve notice on a person who is not incarcerated either in hand or by certified or registered mail requiring a signed receipt, addressed to the potential claimant at a location where the potential claimant will receive actual notice. The court may order alternate or additional methods of service.
The requirements of this section, as to the contents of the order of notice and the manner of service, supplement any additional requirements of the statute governing the forfeiture proceeding.
Mass. R. Sup. Ct. 74