Request a Subpoena - Massachusetts

Page Links:

About Subpoenas Request a Subpoena Online Request a Subpoena by Fax

Our Fees Witness Fees Subpoena Compliance Fees Pay Online

>> Deposition Subpoena for Out-of-State Case <<

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 each 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 in 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.

Go to Top

Official Notary Seal of Korey E. Humphreys

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.

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:

Image Verification
	Please enter the text from the image [ Refresh Image ] [ What's This? ]

* Denotes a Required Field

All of our subpoenas will comply with the applicable court rules that stipulate how a subpoena should be drafted and issued.

(978) 877-2536

Go to Top

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.

Go to Top

Fee Schedule:

Draft Subpoena:    $10.00 (per subpoena)

Issue Subpoena:    $10.00 (per subpoena)

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.

To determine how many miles our
Process Server has to travel, simply
enter the address of the person you
want the subpoena served on. Then
use our fee schedule above to
determine the price for the service.

Our starting point is the Town of Ayer
Zip code: 01432


TO:
Address of Person Being Served:

City:

State:	ZIP Code:

Country:

Go to Top

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' 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 fee 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.

Go to Top

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.

Go to Top

Pay Fee(s) Online:

After you fill out the Online Subpoena Request form and submit the information to us, we will determine the total fee(s) and will email you an invoice through PayPal that you can pay with any debit or credit card. You do not have to be a member of PayPal to make a payment.

PayPal guarantees that your personal information will be sent securely. In fact, we don't see your credit card or debit card information because PayPal handles everything for us.

Go to Top

Deposition Subpoena For Out-of-State Case:

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

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".

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.

Go to Top

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