✔ Network paralegals draft subpoenas
✔ Network notaries issue Subpoenas
✔ Network process servers or constables serve Subpoenas in Massachusetts
A documents‑only subpoena in Massachusetts is a type of subpoena that requires a person or business to produce documents, electronically stored information, or other tangible items, without requiring them to appear in person. Under Mass.R.Civ.P. 45(b), the subpoena may command only the production of materials, and the recipient “need not appear in person at the place of production or inspection unless also commanded to appear for a deposition, hearing, or trial.” This rule allows the issuing party to obtain records directly, without scheduling a deposition or requiring a witness to attend.
A documents‑only subpoena is different from a traditional Subpoena Duces Tecum. Before the 2015 amendment to Rule 45, attorneys in Massachusetts had to issue a Subpoena Duces Tecum together with a deposition notice, even when they only needed documents. The witness would send the documents and the deposition appearance would be waived. The amended rule created a separate documents‑only subpoena so that parties can request records without the unnecessary step of noticing a deposition. A Subpoena Duces Tecum can still require both appearance and document production, while a documents‑only subpoena is strictly for producing materials.
Mass.R.Civ.P. 45(b) also allows the subpoena to specify the form in which electronically stored information must be produced. The rule includes protections for non‑parties, requiring the issuing party to avoid imposing undue burden or expense. A non‑party has 10 days to object, and if they do, the issuing party must seek a court order to compel production.
Overall, the documents‑only subpoena streamlines the process of obtaining records from non‑parties by eliminating unnecessary appearances and reducing procedural steps. Our office prepares, issues, and serves documents‑only subpoenas anywhere in Massachusetts and provides court‑approved returns of service to support your case.
A documents‑only subpoena is different from a traditional Subpoena Duces Tecum. Before the 2015 amendment to Rule 45, attorneys in Massachusetts had to issue a Subpoena Duces Tecum together with a deposition notice, even when they only needed documents. The witness would send the documents and the deposition appearance would be waived. The amended rule created a separate documents‑only subpoena so that parties can request records without the unnecessary step of noticing a deposition. A Subpoena Duces Tecum can still require both appearance and document production, while a documents‑only subpoena is strictly for producing materials.
Mass.R.Civ.P. 45(b) also allows the subpoena to specify the form in which electronically stored information must be produced. The rule includes protections for non‑parties, requiring the issuing party to avoid imposing undue burden or expense. A non‑party has 10 days to object, and if they do, the issuing party must seek a court order to compel production.
Overall, the documents‑only subpoena streamlines the process of obtaining records from non‑parties by eliminating unnecessary appearances and reducing procedural steps. Our office prepares, issues, and serves documents‑only subpoenas anywhere in Massachusetts and provides court‑approved returns of service to support your case.
