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:
To authorize a Massachusetts deposition for your out‑of‑state case, you must prove that a case is pending in your foreign jurisdiction. You can accomplish this by sending us a subpoena from your jurisdiction made out the recipient residing or working in Massachusetts. Or you can obtain permission from the court where the matter is being heard. Ask the court to issue a Commission authorizing the deposition to take place in Massachusetts. The Commission should appoint the individual or deposition service you selected as the Commissioner, authorize any Massachusetts notary public to issue the deposition subpoena, and state whether the deponent must produce specific documents or records.
The Commission should contain the following words, or something similar:
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:
To authorize a Massachusetts deposition for your out‑of‑state case, you must prove that a case is pending in your foreign jurisdiction. You can accomplish this by sending us a subpoena from your jurisdiction made out the recipient residing or working in Massachusetts. Or you can obtain permission from the court where the matter is being heard. Ask the court to issue a Commission authorizing the deposition to take place in Massachusetts. The Commission should appoint the individual or deposition service you selected as the Commissioner, authorize any Massachusetts notary public to issue the deposition subpoena, and state whether the deponent must produce specific documents or records.
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]..."
[and produce specific records in his/her/their possession or control]..."
STEP THREE:
Ask us to draft, issue, and serve a deposition subpoena on your witness or the company involved. Simply complete our online Subpoena Request Form to get the process started.
Pricing is based on the time required to prepare the subpoena and the round-trip mileage needed to complete service of process. The average cost is $350 per subpoena. All fees include the mandatory witness fee(s) that must be tendered at the time of service.
