Massachusetts law about subpoenas

Laws, rules, and web sources on subpoenas in Massachusetts.

If you are unable to find the information you are looking for, or if you have a specific question, please contact our law librarians for assistance.

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

Deposition subpoenas

vol. 10C (Procedural forms annotated) 6th ed., West, 2009 with supplement. Sample deposition subpoenas Sections 91:6-91:9. (You can submit a request for a copy of a form through the Trial Court Law Libraries' Request a Document service).

Massachusetts pleading and practice: forms and commentary, v.6, Matthew Bender, loose-leaf. Sample deposition subpoena Section 45.1 (eBook available with library card). 

Documents-only subpoena

vol. 10C (Procedural forms annotated) 6th ed., West, 2009 with supplement. “Documents-only” subpoena Section 91:10.50. (You can submit a request for a copy of a form through the Trial Court Law Libraries' Request a Document service).

Testimonial subpoenas

Provided by Mass. Legal Help. Includes:

• Sample blank subpoena to testify and bring written evidence to court
• Example - Subpoena for a friend or family member to testify and bring written evidence to court
• Example - Subpoena for a DCF caseworker to testify and bring their appointment book to court

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.

•    Constable directory
•    Sheriffs by county 

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

Last updated:	November 22, 2024