Massachusetts Authority to Issue Subpoenas and Summonses
Under M.G.L. c. 233 § 1, a Massachusetts Notary Public holds the same statutory authority as a court clerk or justice of the peace for the purpose of issuing subpoenas and witness summonses. This authority extends to all matters pending before:
In addition, Rule 45 of the Massachusetts Rules of Civil Procedure (Mass.R.Civ.P. 45) provides that “every subpoena shall be issued by the clerk of court, a notary public, or a justice of the peace” and must identify the court, the title of the action, and the specific command for testimony or document production.
Subpoenas for Administrative Agency Proceedings
For matters before Massachusetts administrative agencies, M.G.L. c. 30A § 12(3) authorizes any party to an adjudicatory proceeding to obtain subpoenas issued by a notary public. This applies to agencies operating under Chapter 30A, including:
These subpoenas must be issued in the name of the agency and comply with all procedural requirements governing administrative hearings.
Why Professional Drafting Matters
While every Massachusetts notary is legally empowered to issue subpoenas, not every notary is qualified to draft them. Under M.G.L. c. 222 § 17, a notary public must be duly qualified, trained, or experienced in a professional field before selecting, drafting, or completing documents related to that field. Subpoenas must meet strict statutory, procedural, and formatting requirements. Even small errors—incorrect language, missing elements, or improper service instructions—can result in a subpoena being challenged or deemed invalid. For this reason, and in accordance with the law, subpoena preparation is best handled by notaries with legal training, such as paralegals or attorneys, who understand:
Accurate drafting ensures that each subpoena is legally compliant, enforceable, and suitable for use in court or administrative proceedings.
Under M.G.L. c. 233 § 1, a Massachusetts Notary Public holds the same statutory authority as a court clerk or justice of the peace for the purpose of issuing subpoenas and witness summonses. This authority extends to all matters pending before:
- Courts and magistrates
- Auditors, referees, and arbitrators
- Administrative officers or any person authorized to take testimony
- Hearings on applications for criminal complaints
In addition, Rule 45 of the Massachusetts Rules of Civil Procedure (Mass.R.Civ.P. 45) provides that “every subpoena shall be issued by the clerk of court, a notary public, or a justice of the peace” and must identify the court, the title of the action, and the specific command for testimony or document production.
Subpoenas for Administrative Agency Proceedings
For matters before Massachusetts administrative agencies, M.G.L. c. 30A § 12(3) authorizes any party to an adjudicatory proceeding to obtain subpoenas issued by a notary public. This applies to agencies operating under Chapter 30A, including:
- Department of Unemployment Assistance (DUA)
- Department of Transitional Assistance (DTA)
- Division of Administrative Law Appeals (DALA)
- Massachusetts Peace Officer Standards and Training Commission (POST)
- Other state agencies conducting formal hearings
These subpoenas must be issued in the name of the agency and comply with all procedural requirements governing administrative hearings.
Why Professional Drafting Matters
While every Massachusetts notary is legally empowered to issue subpoenas, not every notary is qualified to draft them. Under M.G.L. c. 222 § 17, a notary public must be duly qualified, trained, or experienced in a professional field before selecting, drafting, or completing documents related to that field. Subpoenas must meet strict statutory, procedural, and formatting requirements. Even small errors—incorrect language, missing elements, or improper service instructions—can result in a subpoena being challenged or deemed invalid. For this reason, and in accordance with the law, subpoena preparation is best handled by notaries with legal training, such as paralegals or attorneys, who understand:
- Court rules and agency procedures
- Proper drafting of commands and return dates
- Requirements for testimony, depositions, and document production
- Enforcement pathways through the appropriate court
Accurate drafting ensures that each subpoena is legally compliant, enforceable, and suitable for use in court or administrative proceedings.
SUBPOENA SERVICES FAQs
Can any notary public issue my subpoena?
Not every notary public is qualified to draft or complete legal documents. Under M.G.L. c. 222 § 17, a notary public must be duly qualified, trained, or experienced in a professional field before selecting, drafting, or completing documents related to that field. Because our network also provides paralegal services, our notaries meet—and exceed—this statutory requirement.
We refer to notaries public who are also paralegals or attorneys as "legal notaries," distinguishing them from a “regular notary,” whose authority is limited to witnessing signatures and administering oaths.
What kind of records or things can I subpoena?
You can have a subpoena issued to obtain the payroll records of your soon-to-be ex-spouse in your divorce case. Or, as another example, you can subpoena photos, business records, and/or other tangible items that are needed as evidence in your case.
I have a case pending out of Massachusetts and need to take the deposition of a witness residing in Massachusetts. Can I request a deposition subpoena to be issued by a notary?
Yes, a qualified Massachusetts Notary Public can issue a subpoena to compel a person in Massachusetts to appear and give his deposition for a case pending in other foreign jurisdictions. Specifically, pursuant to M.G.L. 233 § 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".
**CLICK HERE TO DOMESTICATE A SUBPOENA**
What is a Witness Summons?
A witness summons is equivalent to a subpoena. A subpoena or witness summons commands a witness to appear at a time and place to testify about what he or she knows.
What happens if a person fails to obey a subpoena?
Failure by any person without adequate excuse to obey a subpoena that has been served upon him may be deemed a contempt of court where the action is pending. In other words, if a person does not obey a subpoena, he or she will be found in contempt of court and can be arrested and be brought before the court to answer for his or her contempt. A contempt may result in jail time or hefty fines.
I want to have a deposition subpoena issued. Must I give a Notice of Deposition before I serve the deposition subpoena?
Yes, you must serve a 'Notice of Deposition' on the witness before a deposition can be held. This 'Notice of Deposition' can be served at the same time a deposition subpoena is served. We can issue one to serve with the deposition subpoena for an additional $35 upon request.
I need a witness to appear at a deposition to testify AND produce records. Since it's a deposition, can I compel the witness to produce evidence?
Yes, you can compel the witness to appear at a deposition AND produce records. You must, however, give the deponent 30 days to comply after he is served with a subpoena and 'Notice of Deposition'. This is commonly referred to as the "30 Day Rule".
How can I have your office draft, issue and serve my subpoena?
At IPS we draft, issue, and serve subpoenas in Massachusetts. To obtain one, all you have to do is fill out the Request a Subpoena Online form below or visit our Subpoena Request webpage. Once the information is sent to us, we will use it to type out and issue a subpoena. A copy of the issued subpoena will be emailed to you for your review/records. Then, another copy will be served by a process server or constable.
Not every notary public is qualified to draft or complete legal documents. Under M.G.L. c. 222 § 17, a notary public must be duly qualified, trained, or experienced in a professional field before selecting, drafting, or completing documents related to that field. Because our network also provides paralegal services, our notaries meet—and exceed—this statutory requirement.
We refer to notaries public who are also paralegals or attorneys as "legal notaries," distinguishing them from a “regular notary,” whose authority is limited to witnessing signatures and administering oaths.
What kind of records or things can I subpoena?
You can have a subpoena issued to obtain the payroll records of your soon-to-be ex-spouse in your divorce case. Or, as another example, you can subpoena photos, business records, and/or other tangible items that are needed as evidence in your case.
I have a case pending out of Massachusetts and need to take the deposition of a witness residing in Massachusetts. Can I request a deposition subpoena to be issued by a notary?
Yes, a qualified Massachusetts Notary Public can issue a subpoena to compel a person in Massachusetts to appear and give his deposition for a case pending in other foreign jurisdictions. Specifically, pursuant to M.G.L. 233 § 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".
**CLICK HERE TO DOMESTICATE A SUBPOENA**
What is a Witness Summons?
A witness summons is equivalent to a subpoena. A subpoena or witness summons commands a witness to appear at a time and place to testify about what he or she knows.
What happens if a person fails to obey a subpoena?
Failure by any person without adequate excuse to obey a subpoena that has been served upon him may be deemed a contempt of court where the action is pending. In other words, if a person does not obey a subpoena, he or she will be found in contempt of court and can be arrested and be brought before the court to answer for his or her contempt. A contempt may result in jail time or hefty fines.
I want to have a deposition subpoena issued. Must I give a Notice of Deposition before I serve the deposition subpoena?
Yes, you must serve a 'Notice of Deposition' on the witness before a deposition can be held. This 'Notice of Deposition' can be served at the same time a deposition subpoena is served. We can issue one to serve with the deposition subpoena for an additional $35 upon request.
I need a witness to appear at a deposition to testify AND produce records. Since it's a deposition, can I compel the witness to produce evidence?
Yes, you can compel the witness to appear at a deposition AND produce records. You must, however, give the deponent 30 days to comply after he is served with a subpoena and 'Notice of Deposition'. This is commonly referred to as the "30 Day Rule".
How can I have your office draft, issue and serve my subpoena?
At IPS we draft, issue, and serve subpoenas in Massachusetts. To obtain one, all you have to do is fill out the Request a Subpoena Online form below or visit our Subpoena Request webpage. Once the information is sent to us, we will use it to type out and issue a subpoena. A copy of the issued subpoena will be emailed to you for your review/records. Then, another copy will be served by a process server or constable.
