Massachusetts laws
MGL c. 223A, § 10 Taking depositions outside commonwealth; issuance of commissions or letters rogatory
MGL c. 223A, § 11 Discovery within commonwealth for proceedings outside commonwealth; legally-protected health care activity
MGL c. 233, § 3 Witness fees; payment or tender
MGL c. 233, § 5 Penalty for nonattendance; contempt
MGL c. 233, § 6 Warrant for nonattending witnesses
MGL c. 233, § 45 Deposition for use in another state
MGL c. 277, § 68 Issuance of subpoenas by attorney general and district attorneys (in criminal cases)
Massachusetts rules
Massachusetts Rules of Civil Procedure 45: Subpoenas
- Rule 45(a). For attendance of witnesses; form; issuance
- Rule 45(b). Combining or separating a command to produce or to permit inspection; specifying the form for electronically stored information
- Rule 45(c). Service
- Rule 45(d). Subpoenas for taking deposition and for command to produce; place of examination
- Rule 45(e). Subpoena for a hearing or trial
- Rule 45(f). Duties in responding to a subpoena
- Rule 45(g). Contempt
Supreme Judicial Court Rule 1:17 Subpoenas to officials of the Supreme Judicial Court and Appeals Court
Trial Court Rule IX: Uniform rules on subpoenas to court officials
- Rule 1. Subpoena to a justice, magistrate or probation officer
- Rule 2. Subpoena duces tecum to court officials
- Rule 3. Subpoena duces tecum for records of the Office of the Commissioner of Probation
Forms
Service providers
Rule 45 provides that service can be made by "any person who is not a party and is not less than 18 years of age." In order to ensure that the proper procedure is followed, many litigants arrange for service by a Deputy Sheriff or Constable.
Web sources
The new "documents only" subpoena under recently amended Mass. R. Civ. P. 45, by Carlos A. Maycotte. 59 Boston Bar Journal 35 (Summer 2015).
Nice summary of the rule and procedure.
Understanding non-party subpoenas in Massachusetts Probate and Family Court, Mass. Legal Help, 2024.
Includes general information about different types of subpoenas, how to write and serve a subpoena, what happens when someone ignores a subpoena, and more.
Print sources
LexisNexis practice guide: Massachusetts civil pretrial practice, annual, LexisNexis (eBook available with library card).
Chapter 12:
- Section 12.08 CHECKLIST: Compelling witness' appearance and production of records at trial by subpoena
- Section 12.09 Compelling appearance and production of documentary evidence at trial by subpoena
- Section 12.10 Moving to quash or modify subpoena
LexisNexis practice guide: Massachusetts civil trial practice, annual, LexisNexis (eBook available with library card).
Chapter 1, Section 1.15 Serving trial subpoena.
Massachusetts discovery practice, 5th ed., MCLE, 2024.
- Depositions Chapter 13
- Discovery from out-of-state and foreign nonparty witnesses Chapter 18
Massachusetts pleading and practice: forms and commentary, v.6, Matthew Bender, loose-leaf (eBook available with library card).
Chapter 45--Rule 45. Subpoena. Forms included.
Massachusetts Practice
vol. 7 (Rules practice) 2nd ed., West, 2006 with supplement.
Rule 45 Sections 45.1-45.9.
vol. 9 (Civil practice) 4th ed., West, 2023 with supplement.
- Deposition subpoenas Sections 23:15-23:16
- Summoning of witnesses Chapter 33
vol. 10C (Procedural forms annotated) 6th ed., West, 2009 with supplement.
Subpoenas Chapter 91. (Quashing motions included)
vol. 43A (Trial practice) 3rd ed., West, 2017 with supplement.
Making witnesses appear in court Sections 13:2-13:5.
vol. 49A (Discovery) 3rd ed., West, 2017 with supplement.
- Taking depositions outside Massachusetts in actions pending in Massachusetts courts Sections 8:4-8:6
- Taking depositions outside Massachusetts in out-of-state cases (with forms) Sections 8:7 and 8:74-8:76
Contact
Online
| Last updated: | June 4, 2025 |
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