Massachusetts Deposition Subpoena for Out-of-State Case
A Massachusetts Notary Public has the same authority as a district court judge in issuing subpoenas to compel a person to appear and testify before the notary or another official authorized to administer oaths. If you have a case pending in another jurisdiction and need to take the deposition of a Massachusetts resident, then we can help!
Pursuant to Massachusetts General Laws, chapter 233 section 45: "[a] person may be summoned and compelled, in like manner and under the same penalties as are provided for a witness before a court, to give his deposition in a cause pending in a court of any other state or government. Such deposition may be taken before a justice of the peace or a notary public in the commonwealth, or before a commissioner appointed under the authority of the state or government in which the action is pending. If the deposition is taken before such commissioner, the witness may be summoned and compelled to appear before him by process from a justice of the peace or a notary public in the commonwealth."
To have one of our notaries public issue a deposition subpoena to compel a witness to appear and testify about what he knows for your foreign case, you should follow these steps:
Pursuant to Massachusetts General Laws, chapter 233 section 45: "[a] person may be summoned and compelled, in like manner and under the same penalties as are provided for a witness before a court, to give his deposition in a cause pending in a court of any other state or government. Such deposition may be taken before a justice of the peace or a notary public in the commonwealth, or before a commissioner appointed under the authority of the state or government in which the action is pending. If the deposition is taken before such commissioner, the witness may be summoned and compelled to appear before him by process from a justice of the peace or a notary public in the commonwealth."
To have one of our notaries public issue a deposition subpoena to compel a witness to appear and testify about what he knows for your foreign case, you should follow these steps:
STEP ONE:
Appoint a specific person or contact a deposition service company here in Massachusetts that will conduct the deposition. WE DO NOT CONDUCT DEPOSITIONS. We can only draft, issue and serve the deposition subpoena. If you want the deposition to take place in Boston, we recommend that you contact Esquire Deposition Solutions at (617) 956-9920. Or, if you intend to have the deposition take place in the Pittsfield or Springfield area, we recommend Philbin & Associates, Inc., (413) 733-4078.
STEP TWO:
Obtain permission from the court where the case is being heard. Ask that the court issue a 'Commission' that will authorize the deposition to take place here in Massachusetts. This Commission should appoint the specific person or deposition service company you chose in step one. This person or company becomes the "Commissioner". Furthermore, this Commission should authorize any notary public to issue the subpoena. If you need the deponent to produce specific records, that fact should also be mentioned n the Commission.
The Commission should contain the following words, or something similar:
Appoint a specific person or contact a deposition service company here in Massachusetts that will conduct the deposition. WE DO NOT CONDUCT DEPOSITIONS. We can only draft, issue and serve the deposition subpoena. If you want the deposition to take place in Boston, we recommend that you contact Esquire Deposition Solutions at (617) 956-9920. Or, if you intend to have the deposition take place in the Pittsfield or Springfield area, we recommend Philbin & Associates, Inc., (413) 733-4078.
STEP TWO:
Obtain permission from the court where the case is being heard. Ask that the court issue a 'Commission' that will authorize the deposition to take place here in Massachusetts. This Commission should appoint the specific person or deposition service company you chose in step one. This person or company becomes the "Commissioner". Furthermore, this Commission should authorize any notary public to issue the subpoena. If you need the deponent to produce specific records, that fact should also be mentioned n the Commission.
The Commission should contain the following words, or something similar:
"Any notary public or justice of the peace of the Commonwealth of Massachusetts is hereby authorized to issue a subpoena in
accordance with the Massachusetts Rules of Civil Procedure to require the attendance of __(witness/company)__ to appear for the deposition
[and produce specific records in his/her/their possession or control]. . ."
accordance with the Massachusetts Rules of Civil Procedure to require the attendance of __(witness/company)__ to appear for the deposition
[and produce specific records in his/her/their possession or control]. . ."
STEP THREE:
Ask us to draft, issue and serve a deposition subpoena on the witness/company. You can accomplish this step by filling out our online subpoena request form. The total cost for this service depends on the time needed to draft the subpoena and the total miles (roundtrip) needed to travel to effect service of process. The most common cost is $225 but could be any amount between $150 - $300 per subpoena. Total cost will INCLUDE the required witness fee(s) that must be tendered to the witness when he or she is served with the deposition subpoena.
Ask us to draft, issue and serve a deposition subpoena on the witness/company. You can accomplish this step by filling out our online subpoena request form. The total cost for this service depends on the time needed to draft the subpoena and the total miles (roundtrip) needed to travel to effect service of process. The most common cost is $225 but could be any amount between $150 - $300 per subpoena. Total cost will INCLUDE the required witness fee(s) that must be tendered to the witness when he or she is served with the deposition subpoena.
