Notice
The Supreme Judicial Court's Standing Advisory Committee on the Rules of Civil Procedure Invites Comments on Proposed Amendments to Rule 45 of the Massachusetts Rules of Civil Procedure

The Supreme Judicial Court's Standing Advisory Committee on the Rules of Civil Procedure (SAC) invites comments on proposed amendments to Rule 45 of the Mass. R. Civ. P.    

The SAC recently reviewed Rule 45 governing subpoenas in light of changes to Rule 45 of the Federal Rules of Civil Procedure effective December 1, 2013 and the 2014 changes to Rule 45 of the Massachusetts Rules of Civil Procedure resulting from the amendments concerning electronically stored information. The SAC proposes that Rule 45 be further amended to provide for a documents only subpoena that may be directed to a non-party, a practice that has existed under the Federal Rules of Civil Procedure since 1991. The proposed amendment would eliminate the need to notice the deposition of a non-party keeper of records for the sole purpose of document production. Other proposed changes would bring Rule 45 up-to-date and make the rule consistent with current subpoena practice. The proposed amendments to Rule 45, a blacklined version showing the amendments, and the Reporter's Notes appear below.

The Committee solicits and welcomes comments from the bar prior to presenting its recommendation to the Rules Committee of the Supreme Judicial Court. Comments should be directed to Christine Burak, Supreme Judicial Court, John Adams Courthouse, One Pemberton Square, Boston 02108 or to christine.burak@sjc.state.ma.us on or before July 18, 2014. The comments received will be made available to the public.  

Proposed Revisions to Rule 45 pdf format of Proposed Amendments-Rule 45-Civil Procedure

Blacklined version showing the amendments pdf format of Blacklined Version of Proposed Amendments to Rule 45

Reporter's Notes pdf format of Reporter's Notes - Proposed Amendments to Rule 45