MRCP 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
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
Subpoenas, Mass. Legal Help. Includes:
- Sample subpoena with request for documents, with sample affidavit of service
- Blank subpoena form, you can fill in online
- Sample letter to employer, concerning subpoena of documents
Subpoena for documents only, Worcester Law Library.
See Print Sources, below, for additional forms.
Are deposition subpoenas enforceable in Massachusetts civil cases?, Lynch & Owens P.C. (By James M. Lynch, June 9, 2017)
Reviews the “Massachusetts laws which give teeth to subpoenas in civil cases, including the issuance of bench warrants.”
The new "documents only" subpoena under recently amended Mass. R. Civ. P. 45, Boston Bar Journal, 2015.
Nice summary of the rule and procedure.
Serving a subpoena, Mass. Legal Help.
A simple guide for those who want to serve a subpoena, includes directions and forms.
SJC changes subpoena rules for Massachusetts litigants, Schwartz Hannum PC, (September 2015)
Deposition and discovery request for use in another state
Civil practice 3rd. ed. (Mass. Practice v.9) Thomson/West, 2004 with supplement.
Chapter 22 Depositions. § 22.12 Subpoena for Taking Deposition, § 22.13 Depositions Upon Oral Examination-Failure to Attend or to Serve Subpoena-Expenses. Chapter 30 Summoning of Witnesses. § 30.2 Method of Summoning, § 30.3 Requirement That Witness Fee Be Paid or Tendered, § 30.4 Effect of Failure of Duly Summoned Witness to Attend.
Discovery 3rd. ed. (Mass. Practice v.49A) Thomson Reuters, 2017 with supplement.
Chapter 8 Depositions. § 8:4 Taking depositions outside Massachusetts in actions pending in Massachusetts courts-Generally; § 8:5 Taking depositions outside Massachusetts in actions pending in Massachusetts courts-Depositions in other states; § 8:6 Taking depositions outside Massachusetts in actions pending in Massachusetts courts-Depositions in foreign countries; § 8:7 Taking depositions in Massachusetts in out-of-state cases; § 8:74 Application for order for taking deposition in the Commonwealth for proceeding in tribunal outside Commonwealth pursuant to M.G.L. c. 223A, §11 and c. 233, §45; § 8:75 Affidavit in support of application for order for taking deposition in Commonwealth for proceeding in tribunal outside Commonwealth pursuant to M.G.L. c. 223A, §11; § 8:76 Order for taking deposition in Commonwealth for proceeding in tribunal outside Commonwealth pursuant to M.G.L. c. 223A, §11.
Equitable remedies 3rd. ed. (Mass. Practice v.31) Thomson/West, 2007 with supplement. Chapter 5 Jurisdiction Quasi in Rem. § 5.7 “Long-arm” statute as affecting service on non-residents.
LexisNexis practice guide: Massachusetts civil pretrial practice, 2020 ed., LexisNexis.
Chapter 12. § 12.08 CHECKLIST: Compelling Witness’ Appearance and Production of Records at Trial By Subpoena; § 12.09 Compelling Appearance and Production of Documentary Evidence at Trial by Subpoena; § 12.10 Moving to Quash or Modify Subpoena.
LexisNexis practice guide: Massachusetts civil trial practice, 2020 ed., LexisNexis.
Chapter 1. § 1.15 Serving Trial Subpoena.
Massachusetts pleading and practice: forms and commentary, v.6, Matthew Bender, looseleaf, Chapter 45-Rule 45. Subpoena. Forms included.
What to do about personnel problems in Massachusetts, Revised 3/19, BLR-Business & Legal Reports, looseleaf,
p. J-21. Court appearance. “It is unlawful for any employer to discharge, penalize, or threaten an employee for attending court as a witness at a criminal action if the employer has been notified of the subpoena by the employee. Violation of these provisions is subject to a fine, imprisonment, or both (MA Gen. Laws Ch, 268 Sec. 14B). A prosecutor may intercede with an employer to minimize any loss of pay or benefits for a witness. An employer that refuses to cooperate may be charged with sanctions (MA Gen. Laws Ch. 258B, Sec. 3(1)).”
|Last updated:||March 8, 2021|