Massachusetts law about subpoenas

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Massachusetts rules

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

Forms

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.

Service providers

While 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," service can also be made by a Deputy Sheriff or Constable

•    Constable directory
•    Sheriffs by county 

Web sources

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

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

MGL c. 233, § 45 Deposition for use in another state

Print sources

LexisNexis practice guide: Massachusetts civil pretrial practice, annual, 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, annual, 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. 

Massachusetts Practice:

• vol. 9 (Civil practice) 3rd ed. Thomson/West, 2004 with supplement, Sections 22.12-22.13, 30.2- 30.4
• vol. 31 (Equitable remedies) 3rd ed. Thomson/West, 2007 with supplement, Section 5.7
• vol. 49A (Discovery) 3rd ed. Thomson Reuters, 2017 with supplement, Sections 8.4-8.7, 8.74-8.76

What to do about personnel problems in Massachusetts, Revised 3/19, BLR-Business & Legal Reports, loose-leaf,
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:	October 31, 2022