questions regarding out-of-state (foreign)
should be directed
to Korey Humphreys via email.
Subpoena For Out-of-State Case:
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
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
to obtain a deposition subpoena for your out-of-state court case, you
must follow these three steps:
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
subpoenas and serve it upon a witness. We recommend the following
/ Pittsfield Area:
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?
here to see a valid commission issued out of Florida.
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
The commission should contain the following text, or something similar:
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] .
. . "
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 (name, address, etc.);
the witness must appear for the deposition;
witness must appear for the deposition;
of the deposition;
- Before whom the
deposition is to be taken
a Subpoena For Out-of-State Case
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.
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
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
we send the original subpoenas to your mailing address.
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.
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.
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.
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
(3) serving (process
(4) payment of witness
fees are between
$150 - $300
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.
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.