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

See a collection of forms for Deposition, Documents-only, and Testimonial subpoenas.

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

Understanding non-party subpoenas in Massachusetts Probate and Family Court, Mass. Legal Help, 2025.
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, 5^th ed., MCLE, 2024.

• Chapter 13: Depositions
• Chapter 18: Discovery from out-of-state and foreign nonparty witnesses

Massachusetts pleading and practice: forms and commentary, vol. 6, Matthew Bender, loose-leaf (eBook available with library card).
Chapter 45--Rule 45. Subpoena. Forms included.

Massachusetts Practice

vol. 7 (Rules practice) 2^nd ed., West, 2006 with supplement.
Sections 45.1-45.9: Rule 45.

vol. 9 (Civil practice) 4^th ed., West, 2023 with supplement. 

• Sections 23:15-23:16: Deposition subpoenas
• Chapter 33: Summoning of witnesses

vol. 10C (Procedural forms annotated) 6^th ed., West, 2009 with supplement. 
Chapter 91: Subpoenas. (Quashing motions included)

vol. 43A (Trial practice) 3^rd ed., West, 2017 with supplement.
Sections 13:2-13:5: Making witnesses appear in court.

vol. 49A (Discovery) 3^rd ed., West, 2017 with supplement.

• Sections 8:4-8:6: Taking depositions outside Massachusetts in actions pending in Massachusetts courts
• Sections 8:7 and 8:74-8:76: Taking depositions outside Massachusetts in out-of-state cases (with forms)

Last updated:	September 17, 2025