a Subpoena Online
a Subpoena by Fax
Subpoena for Out-of-State Case <<
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
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.
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.
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.
a Subpoena Online
does not create a subpoena. The information is sent to us via email.)
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
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
we send the original subpoenas to your mailing address.
All of our subpoenas will comply with the
applicable court rules that stipulate how a subpoena should be drafted
Go to Top
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.
$10.00 (per subpoena)
$10.00 (per subpoena)
= $50.00 (per subpoena served)*
= $65.00 (per subpoena served)*
= $85.00 (per subpoena served)*
prices are subject to change without notice. The actual fee will depend
on the total miles traveled (round trip).
*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
Process Server has to
enter the address of
the person you
want the subpoena
served on. Then
use our fee schedule
determine the price
for the service.
starting point is the Town of Ayer
Go to Top
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
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
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
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.
Subpoena For Out-of-State Case:
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 panalties 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."
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
issue 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".
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
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.
If you email us the info instead, be sure to provide us with the
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
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
Website and all
contents © Copyright Korey Humphreys
All rights reserved.