All
questions regarding subpoenas should be directed to Korey Humphreys via email.
The Massachusetts Notary Public & Legal Support
Network can issue your subpoenas and summonses for your pending case.
We have degreed paralegals who can draft the subpoena or summons so
that it will comply with the applicable court rules. Our commissioned
Notaries Public can issue them in accordance with Rule 45 of the
Massachusetts Rules of Civil Procedure (Mass.R.Civ.P.).
The word "subpoena"
is a Latin phrase that literally means "under penalty". In accordance
with Mass.R.Civ.P. 45(a), "[e]very subpoena shall be issued by the
clerk of court, by a notary public, or by a justice of the peace, shall
state the name of the court and the title of the action, and shall
command such person to whom it is directed to attend and give testimony
at a time and place therein specified. . ."
Furthermore, Mass.R.Civ.P. 45(b) states that "a
subpoena may also command the person to whom it is directed to produce
the books, papers, documents, or tangible things designated therein."
We specialize in drafting and issuing the
following types of subpoenas:
Subpoena Ad Testificandum
= (Latin
for "to testify under penalty") a court order used to command a person
to appear and give oral testimony at a hearing or trial.
Subpoena Duces Tecum = (Latin
for "bring with you under penalty) a court order used to command a
person to appear and produce tangible evidence (documents, records,
photos, etc.) for use at a hearing or trial.
Deposition
Subpoena = a court order used
to command a person to appear and testify at a deposition presided over
by an officer authorized to administer oaths (notary public, justice of
the peace, etc.). A deposition will take place outside the courtroom,
usually at an attorney's office.
Witness
Summons = a court order used
to compel a witness to appear at Court, before a person authorized to
examine witnesses (i.e., hearing officer), or at a deposition, to
testify about what he/she knows. Pursuant to ALM GL ch. 233, §
1, a witness
summons is equivalent to a subpoena.
Our Network also has certified Court Process
Servers available who will legally serve the subpoena or summons
in-hand to the person who it is for. Our process servers comply with
the rules of court that stipulate how subpoenas, and other court
process, are to be served.
Request
a Subpoena Online
(Form
does not create a subpoena. The information is sent to us via email.)
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 the subpoena on the same day if the service request is
received before 1PM on Monday - Friday and is within 1-5 miles of our
starting location. All other subpoenas will be served on a routine
basis (2-4 days) or rush service (within 24-48hrs). 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 an invoice that
can be paid securely online with any debit or credit card. If you would
rather send a check or money order, just let us know and we will
provide you with instructions
on where to send it. Your payment will have to be
received BEFORE
we send the original subpoenas to your mailing address.
If
you would rather
request a subpoena by e-mail instead of filling out the online form,
please fill out the Subpoena Request Form below and e-mail it to us.
Process
Server Fee(s):
1-5 miles
= $50.00 (per subpoena served)*
6-10 miles
= $65.00 (per subpoena served)*
11-30 miles
= $85.00 (per subpoena served)*
31+ miles
= NEGOTIABLE
All
prices are subject to change without notice. The actual fee will depend
on the total miles traveled (round trip).
QUANTITY DISCOUNTS
AVAILABLE
*If
more then one
subpoena needs to be served at the same address, it's an additional $10
per subpoena
rather then the full amount. For example, if you want us
to serve a husband and wife at the same address within 5 miles from our
starting point, the fee will only be $40 instead of $60.00.
Required
Witness Fee: The witness fee in
Massachusetts is $6.00 for each day that the witness attends court plus
a travel expense of 10 cents per mile to and from the
witness's home
and the court. If the witness has a place of business or employment in
the city or town where the court is located, then the 10 cents per mile
is measured from where the witness works to the court. The witness and
travel expense for one day's attendance at court must be given to the
witness at the time the subpoena is served. You can estimate the
mileage.
NOTE: The person
requesting the subpoena is required to pay each witness he
or she wants subpoenaed. In the event that we arrange for service of
your subpoena
online, and never meet you face-to-face, you will have to pay the
witness fee along
with our service fees all at once. Our process server will then pay the
witness the
required amount.
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.
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