Finkel v. Natale Rota, Inc.

Armstrong J.

From their inception the Federal Rules of Civil Procedure placed on the clerk of the District Court the function of issuing process for service on defendants. The clerk, of course, has no occasion to prepare process until the complaint has been filed in court. The adaptors of the Mas sachusetts Rules of Civil Procedure made different provision for process. Doubtless in response to the sheer volume of litigation in the State courts and the realities of staffing limitations in clerks’ offices, they put the onus of preparing process exclusively on the plaintiff, who is to deliver the…