Massachusetts Deposition Subpoena Request

All questions regarding out-of-state (foreign) subpoenas
should be directed to Korey Humphreys via email.

Deposition Subpoena For Out-of-State Case:

If your case is being heard in another state and you need to take the deposition of a witness residing in Massachusetts, we can help. Our office can (1) draft, (2) issue, and (3) serve a deposition subpoena upon the witness requiring his or her attendance at the deposition you must arrange.

In accordance with M.G.L. c. 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 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 notary public in the commonwealth."

In order to obtain a deposition subpoena for your out-of-state court case, you must follow these three steps:

STEP ONE -- Arrange to take deposition:

The first thing you need to do is contact a company or individual in Massachusetts that provides deposition services and arrange for the taking of the deposition. We do not take depositions. We can only issue subpoenas and serve it upon a witness. We recommend the following deposition service:

Boston Area:

(617) 956-9920

Springfield / Pittsfield Area:

Philbin & Associates, Inc.
(413) 733-4078

STEP TWO -- Obtain permission from the court:

The second thing you must do is obtain a commission from the court where the case is being heard. The court must give you permission to take the deposition. Normally, you would ask the court to appoint the deposition service company you chose in step one to take the deposition of the witness residing in Massachusetts. The person or company appointed is considered a "commissioner".

Want to see an example of a commission issued by an out-of-state court?

Click here to see a valid commission issued out of Florida.

TIP (not required):

The commission should authorize a notary public to issue the subpoena. In Massachusetts, a notary public has the authority to issue subpoenas including deposition subpoenas for out-of-state cases (see above cited law).

The commission should contain the following text, 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] . . . "

STEP THREE -- Ask us to draft, issue and serve a subpoena:

Once you receive the commission from the court, you can simply fill out the online subpoena request form below. If you email us, be sure to provide us with the following information:

Witness Information (name, address, etc.);
Date the witness must appear for the deposition;
Time witness must appear for the deposition;
Location of the deposition;
Before whom the deposition is to be taken

IMPORTANT THINGS TO CONSIDER:

If you require the production of documents or other tangible evidence at the deposition, you must give the deponent at least 30 days to comply. This is commonly called the "30 Day Rule" and is mandatory under Massachusetts Rules of Civil Procedure.

A 'Notice of Deposition' must be given to the witness. This 'Notice of Deposition' can be served at the same time we serve the deposition subpoena. It is best that you provide the 'Notice of Deposition' for us to serve. In the event you want us to give notice, the cost is $10 per notice.

The witness is not required to attend the deposition if it is more then 50 airline miles to the place of deposition. This can be calculated from the witnesses home or place of employment.

Although it rarely ever happens, if a witness is served with a deposition subpoena and refuses to appear and/or testify at the deposition, either you or the appointed commissioner may file a contempt complaint in the Superior Court to compel the witness to obey the subpoena.

Official Notary Seal of Korey E. Humphreys

Request a Subpoena For Out-of-State Case

NOTE: We will email you to confirm receipt of every subpoena submitted through this site. We draft, issue (notarize), attach witness fee to, and serve subpoenas. Once service has been effectuated, the subpoena and Return of Service are faxed or emailed to you, then all original documents are mailed to your office (or home address if acting pro se).

After you send the information in this form to us, we will determine the total fee(s) and will email you with instructions on where to send a check or money order. Your payment will have to be received BEFORE we send the original subpoenas to your mailing address.

FYI: Though not required, it is common practice to send the commission and payment via FedEx Overnight delivery. The address will be provided in our email confirmation.

Type of Subpoena Needed:*

E-Mail Address:*

Your Name:*

Is This a Law Firm?:*

Yes
No

Your Mailing Address:*

Don't forget to add your
zip code. If this is a Law Firm
requesting a subpoena, please
put the Law Firm's address.

Phone #:*

Fax #:

COURT/CASE INFORMATION

Type of Case:*

Is your current court case for
a divorce, small claims, criminal,
housing or other civil matter?

Name or Address of Court:*

If you don't know the address
of the Court where your case
is being heard, just type
in the name of the Court
and the county it is in. We will
look it up.

Docket #:*

The Court assigned your
case a number, what is it?

Plaintiff's Name:*

Type out exactly how it is
written on your court documents.

Defendant's Name:*

Type out exactly how it is
written on your court documents.

Subpoena Issued to:*

Who would you like the subpoena
or summons issued to? If more
then one person, separate
each name with a comma.

Address of Person(s):*

If more then one person, please
separate each name AND address
with a comma.

DATE of Appearance:*

On what day do you want the
person to appear? If you
don't need him to appear, simply
type the date of your next court
event.

TIME of Appearance:*

What time should he appear?

PLACE of Appearance:*

Where would you like him to
appear?

Note: If you're taking the person's
deposition, then you may specify
an address where the deposition
will take place. The deposition
must be taken before an officer
authorized to administer oaths.
Or, if this is for a hearing before
a person authorized to examine
witnesses (i.e., hearing officer),
type in the address where the
hearing will take place.

Witness Should Bring?:

If you need the person who is
being subpoenaed to produce
books, records, documents, files
and/or any other tangible item,
list what you need here.

BE AS SPECIFIC AS POSSIBLE.
WE COPY WHAT YOU WRITE.

Which Do You Prefer?:*

I need the person(s) I want subpoenaed to appear in Court, or at a deposition, to testify.

I need the person(s) I want subpoenaed to appear in Court or at a deposition to testify AND produce documents, records, books and/or other tangible items.

I only need the evidence (i.e.; documents, records, etc). Therefore, please advise the person being subpoenaed that he can send the evidence to my mailing address instead of having to appear in Court or at the deposition. If they comply, they don't need to appear. If they fail to comply, however, they will have to appear.

Additional Info/Msg:

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* Denotes a Required Field

Request Subpoena by Fax

If you would rather request a subpoena by fax instead of using the online form, please open the PDF document, fill in the applicable information, then fax it to us at (978) 882-0234.

- Subpoena Request Form

Once the appropriate department receives your fax, we will notify you via email or telephone to confirm that you want a subpoena drafted, issued and served.

In order to view PDF files, you will need to have Adobe Reader. To download and install a free copy, click on the image below.

Fee Schedule:

There are no set fees for out-of-state subpoenas. The price would have to be determined once we receive the information. The price will include everything:

(1) drafting
(2) issuing
(3) serving (process server)
(4) payment of witness fees

Most fees are between $150 - $300 PER SUBPOENA

Required Witness Fee:

A witness fee must be paid to each witness that receives a deposition subpoena. It must be given at the time he or she is served.

Subpoena Compliance Fees:

The law allows a business, or other entity, to charge a reasonable fee for the producing of books, papers, documents, or other tangible things designated in a Subpoena Duces Tecum. The amount charged is usually referred to as a "Subpoena Compliance Fee".

Make sure you ask the business or entity who you need records from if they charge a fee. This fee, however, has nothing to do with the issuing authority or process server.

www.IPS-Notary.com/massachusetts-divorce-subpoena.html
www.IPS-Notary.com/massachusettssubpoena.html