Different Types of Subpoenas We Issue
Deposition Subpoena
A legal order used to command a person to appear and testify at a deposition presided over by an officer authorized by law to administer oaths or affirmations (justice of the peace, notary public, commissioner, etc.) A deposition usually takes place outside the courtroom, usually at a lawyer's office.
A legal order used to command a person to appear and testify at a deposition presided over by an officer authorized by law to administer oaths or affirmations (justice of the peace, notary public, commissioner, etc.) A deposition usually takes place outside the courtroom, usually at a lawyer's office.
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Subpoena Ad Testificandum Duces Tecum
Latin for "bring with you under penalty", is a legal order used to command a person to appear and produce tangible evidence (photos, records, documents, etc.) for use at a hearing or trial. |
Subpoena Ad Testificandum
Latin for "to testify under penalty", is a legal order used to command a person to appear and give oral testimony at a hearing or trial. |
Subpoena to Permit Inspection of Premises
This type of subpoena compels a property owner or custodian to allow entry onto land or into a structure so that the requesting party can inspect, measure, photograph, or test the property when such access is relevant to a case.
This type of subpoena compels a property owner or custodian to allow entry onto land or into a structure so that the requesting party can inspect, measure, photograph, or test the property when such access is relevant to a case.
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Documents-Only Subpoena
A legal order under Mass.R.Civ.P. 45(b) that requires a person to produce records, electronically store information (ESI), or other evidence that does not require them to appear and testify. They must only produce the records. |
Witness Summonses
A legal order used to compel a witness to appear before a court, or a person authorized to examine witnesses. In accordance with ALM GL ch. 233 § 1, a witness summons is equivalent to a Subpoena. |
Adjudicatory Subpoenas
An adjudicatory proceeding is a formal administrative hearing held by a Massachusetts state agency under M.G.L. c. 30A. Any party in an adjudicatory proceeding has the right to have subpoenas issued by a Notary Public in accordance with M.G.L. c. 30A § 12(3). Because Notaries are “persons authorized by law” to issue subpoenas, a subpoena issued by a Notary Public on behalf of an agency is fully valid and enforceable.
We issue subpoenas on behalf of the following agencies:
- - Division of Administrative Law Appeals (DALA)
- - Department of Children and Families
- - Massachusetts Peace Officer Standards and Training (POST) Commission
- - Division of Unemployment Assistance (DUA)
- - Executive Office of Health and Human Services (EOHHS)
- - All other state agencies that conduct formal hearings
Deposition Subpoena For Out-of-State Case > M.G.L. c. 233 § 45
A Massachusetts Notary Public has the authority under M.G.L. c. 233 § 45 to issue a deposition subpoena for a civil case that is pending in another state. This statute allows attorneys and self‑represented litigants from outside Massachusetts to obtain testimony from a Massachusetts witness without opening a case in a Massachusetts court. The notary can issue the subpoena, administer the oath, and take the deposition within Massachusetts, and the testimony can then be used in the out‑of‑state proceeding.
This process is often used when a witness lives or works in Massachusetts, but the lawsuit is filed elsewhere. Because the subpoena is issued directly by the notary, it avoids the delays and costs of domesticating a foreign subpoena through the Massachusetts court system.
Using a Massachusetts notary to issue an out‑of‑state deposition subpoena is a fast and efficient method for gathering testimony from Massachusetts residents for use in another jurisdiction. It is commonly used in civil litigation, insurance matters, business disputes, and family law cases where a key witness is located in Massachusetts.
This process is often used when a witness lives or works in Massachusetts, but the lawsuit is filed elsewhere. Because the subpoena is issued directly by the notary, it avoids the delays and costs of domesticating a foreign subpoena through the Massachusetts court system.
Using a Massachusetts notary to issue an out‑of‑state deposition subpoena is a fast and efficient method for gathering testimony from Massachusetts residents for use in another jurisdiction. It is commonly used in civil litigation, insurance matters, business disputes, and family law cases where a key witness is located in Massachusetts.
Massachusetts Authority to Issue Subpoenas and Summonses
Under M.G.L. c. 233 § 1, a Massachusetts Notary Public has the same statutory authority as a court clerk or justice of the peace to issue subpoenas and witness summonses. This authority applies to matters pending before:
- Courts and magistrates
- Auditors, referees, and arbitrators
- Administrative officers or any individual authorized to take testimony
- Hearings on applications for criminal complaints
A notary public is expressly authorized to issue subpoenas under Rule 45(a) of the Massachusetts Rules of Civil Procedure (Mass.R.Civ.P.), and the Massachusetts Rules of Domestic Relations Procedure (Mass.R.Dom.R.P.).
A subpoena issued by a notary is legally valid, enforceable, and carries the same effect as one issued by a court clerk or a justice of the peace.
Massachusetts is one of the few states where notaries possess this level of subpoena authority, making notaries an important resource for attorneys, businesses, and individuals who need a properly issued subpoena without waiting for court involvement.
What types of records, documents, and tangible evidence can be subpoenaed in Massachusetts?+
A subpoena duces tecum may require the production of nearly any type of relevant evidence, including:
• Medical records
• Employment files
• Financial records and bank statements
• Emails, texts, and electronically stored information (ESI)
• Contracts, agreements, and business records
• Photos, videos, and surveillance footage
• Inspection reports, logs, and maintenance records
• Physical objects or other tangible evidence
The requested materials must be reasonably described and relevant to the case.
• Medical records
• Employment files
• Financial records and bank statements
• Emails, texts, and electronically stored information (ESI)
• Contracts, agreements, and business records
• Photos, videos, and surveillance footage
• Inspection reports, logs, and maintenance records
• Physical objects or other tangible evidence
The requested materials must be reasonably described and relevant to the case.
Do I need to give 30 days’ notice if I want a deponent to produce records and testify?+
Yes. Under Massachusetts Rule of Civil Procedure 30(b)(5) and Rule 45, if you want a witness to **appear for a deposition and bring documents**, you must provide **at least 30 days’ notice**.
This ensures the witness has enough time to gather, review, and produce the requested materials.
This ensures the witness has enough time to gather, review, and produce the requested materials.
What is the 50‑mile rule for depositions?+
For **non‑remote** depositions, a witness generally cannot be required to travel more than **50 miles** from where they live or work.
Remote depositions (Zoom, video conference) are exempt from the 50‑mile limitation.
Remote depositions (Zoom, video conference) are exempt from the 50‑mile limitation.
What is a subpoena in Massachusetts?+
A subpoena is a legally binding order requiring a person to appear and testify, or to produce documents or records. Subpoenas may be issued for court hearings, trials, depositions, administrative proceedings, and testimony before a notary public or justice of the peace.
Who can issue a subpoena in Massachusetts?+
Subpoenas may be issued by clerks of court, notaries public, and justices of the peace. State law authorizes notaries to issue subpoenas for depositions and the perpetuation of testimony.
Can a Massachusetts notary public issue a subpoena?+
Yes. A Massachusetts notary public may issue subpoenas in all cases pending before courts and administrative agencies such as the Department of Transitional Assistance.
What is the Massachusetts witness fee, and why must it be paid?+
Massachusetts requires that a statutory witness fee be paid **at the time the subpoena is served**:
• $6.00 per day for attendance
• $0.10 per mile roundtrip for travel
A subpoena is **not enforceable** unless this fee is tendered. The fee compensates private individuals who are compelled by law to appear and testify.
• $6.00 per day for attendance
• $0.10 per mile roundtrip for travel
A subpoena is **not enforceable** unless this fee is tendered. The fee compensates private individuals who are compelled by law to appear and testify.
When am I not required to pay a witness?+
You do not have to pay a witness fee in Massachusetts when serving a subpoena if the witness is:
• A party to the case
Plaintiffs and defendants cannot collect witness fees for appearing in their own matter. The fee exists only to compensate non‑party witnesses.
• A corporate representative (Rule 30(b)(6) designee)
They appear on behalf of the company, not as private individuals. The entity is obligated to produce them without statutory fees.
• A law enforcement officer appearing in their official duties
Police officers testifying as part of their job are paid by their employer, not by the subpoenaing party.
• A Massachusetts state employee appearing in their official capacity
This includes DCF social workers, probation officers, Department of Corrections staff, and any Commonwealth employee testifying as part of their job. They do not receive statutory witness fees because the Commonwealth already compensates them for their time.
• An expert witness under contract
Experts are paid under a private agreement, not the statutory fee.
• Anyone who voluntarily appears without being subpoenaed
If they are not compelled by legal process, no fee is required.
The Massachusetts witness fee is intended only for ordinary private citizens who are compelled by law to testify. Individuals who are already obligated to appear because of their role, employment, or party status are not entitled to the fee.Yes. A witness or party may file a motion to quash or modify a subpoena if it is unreasonable, overly burdensome, seeks privileged information, or was improperly issued or served.
• A party to the case
Plaintiffs and defendants cannot collect witness fees for appearing in their own matter. The fee exists only to compensate non‑party witnesses.
• A corporate representative (Rule 30(b)(6) designee)
They appear on behalf of the company, not as private individuals. The entity is obligated to produce them without statutory fees.
• A law enforcement officer appearing in their official duties
Police officers testifying as part of their job are paid by their employer, not by the subpoenaing party.
• A Massachusetts state employee appearing in their official capacity
This includes DCF social workers, probation officers, Department of Corrections staff, and any Commonwealth employee testifying as part of their job. They do not receive statutory witness fees because the Commonwealth already compensates them for their time.
• An expert witness under contract
Experts are paid under a private agreement, not the statutory fee.
• Anyone who voluntarily appears without being subpoenaed
If they are not compelled by legal process, no fee is required.
The Massachusetts witness fee is intended only for ordinary private citizens who are compelled by law to testify. Individuals who are already obligated to appear because of their role, employment, or party status are not entitled to the fee.Yes. A witness or party may file a motion to quash or modify a subpoena if it is unreasonable, overly burdensome, seeks privileged information, or was improperly issued or served.
Can IPS serve court papers, including the subpoenas they issue?+
Yes. Court documents — including subpoenas, summonses, complaints, and motions — may be served by a Massachusetts constable, or other person authorized by law and/or court rules. Proper service ensures the documents are legally valid and enforceable. Visit our Constable page for more information.
What happens if someone ignores a subpoena?+
Failure to comply with a properly issued and served subpoena may result in contempt proceedings, sanctions, or a court order compelling compliance.
Can a subpoena be challenged or quashed?+
Yes. A witness or party may file a motion to quash or modify a subpoena if it is unreasonable, overly burdensome, seeks privileged information, or was improperly issued or served.
