The plaintiff, Richard M. Green, Jr., served his tort complaint later than the Rules of Civil Procedure allow. In an attempt to avoid the consequences of this late service, he sought refuge in the savings statute, G. L. c. 260, § 32. As pertinent here, that statute excuses late service where the tardiness was caused by the "neglect of the officer to whom such process is committed" or "any matter of form." Id. Green maintains that both provisions apply, and that his own...
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