Massachusetts Deposition Subpoena for Out-of-State Case
A Massachusetts Notary Public has the same authority as a district court judge in issuing subpoenas to compel a person to appear and testify before the notary or another official authorized to administer oaths. If you have a case pending in another jurisdiction and need to take the deposition of a Massachusetts resident, then we can help.
Pursuant to Massachusetts General Laws, chapter 233 section 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 the 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 a notary public in the commonwealth."
M.G.L. c. 233 § 45 authorizes a Massachusetts notary public or justice of the peace to summon witnesses to appear and testify in a deposition for use in any civil action or proceeding pending in another state or before any tribunal outside Massachusetts, provided the deposition is taken within the Commonwealth. The statute also permits a notary to take testimony before any action is commenced, meaning no court case needs to be pending in Massachusetts for the notary to issue the subpoena.
To have one of our notaries public issue a deposition subpoena to compel a witness to appear and testify about what he knows for your foreign case, you should follow these steps:
STEP ONE:
Appoint a specific person or contact a deposition service company here in Massachusetts that will conduct the deposition. WE DO NOT CONDUCT DEPOSITIONS. We only draft, issue, and serve the subpoena. If you want the deposition to take place in Boston, we recommend that you contact Esquire Deposition Solutions at (617) 956-9920. Or, if you intend to have the deposition take place in the Pittsfield or Springfield area, we recommend Philbin & Associates, Inc., (413) 733-4078.
STEP TWO:
To proceed with a Massachusetts deposition for your out‑of‑state case, you must provide proof that the matter is pending in your jurisdiction. This can be done by sending us a subpoena issued by your court and directed to the witness or entity located in Massachusetts, or by obtaining a Commission from your court authorizing the deposition to take place here. The Commission should appoint the individual or deposition service you selected as the Commissioner, authorize any Massachusetts notary public to issue the subpoena, and specify if the deponent is required to produce particular documents or records.
The Commission should contain the following words, or something similar:
Appoint a specific person or contact a deposition service company here in Massachusetts that will conduct the deposition. WE DO NOT CONDUCT DEPOSITIONS. We only draft, issue, and serve the subpoena. If you want the deposition to take place in Boston, we recommend that you contact Esquire Deposition Solutions at (617) 956-9920. Or, if you intend to have the deposition take place in the Pittsfield or Springfield area, we recommend Philbin & Associates, Inc., (413) 733-4078.
STEP TWO:
To proceed with a Massachusetts deposition for your out‑of‑state case, you must provide proof that the matter is pending in your jurisdiction. This can be done by sending us a subpoena issued by your court and directed to the witness or entity located in Massachusetts, or by obtaining a Commission from your court authorizing the deposition to take place here. The Commission should appoint the individual or deposition service you selected as the Commissioner, authorize any Massachusetts notary public to issue the subpoena, and specify if the deponent is required to produce particular documents or records.
The Commission should contain the following words, 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]..."
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 deposition subpoena on the witness/company. You can accomplish this step by filling out our online subpoena request form. The total cost for this service depends on the time needed to draft the subpoena and the total miles (roundtrip) needed to travel to effect service of process. The most common cost is $350 but could be any amount between $180 - $350 per subpoena. Total cost will INCLUDE the required witness fee(s) that must be tendered to the witness when he or she is served with the deposition subpoena.
Ask us to draft, issue, and serve a deposition subpoena on the witness/company. You can accomplish this step by filling out our online subpoena request form. The total cost for this service depends on the time needed to draft the subpoena and the total miles (roundtrip) needed to travel to effect service of process. The most common cost is $350 but could be any amount between $180 - $350 per subpoena. Total cost will INCLUDE the required witness fee(s) that must be tendered to the witness when he or she is served with the deposition subpoena.
what if i only need records and no testimony?
This situation is very common. If you only need records, we can waive their appearance and tell them to email or mail the records to you in lieu of appearing anywhere.
Is a subpoena issued by the court clerk or a justice more powerful than one issued by a notary public?
No. Subpoenas issued by a Massachusetts notary public, justice of the peace, or court clerk all carry the same legal authority, but clerks are limited in when they can issue them. A clerk may decline to issue a subpoena when it falls outside the jurisdiction of the court they serve—for example, a District Court clerk will not issue a subpoena for a Probate and Family Court matter or for an administrative agency proceeding. A clerk will also refuse when no case has been opened in that particular court, since the clerk’s authority is tied to an active docket in their own court.
Does my signature have to appear on the massachusetts subpoena?
No. Only the issuing official's signature and seal are required on the subpoena. Your name, address, and phone number are included so the recipient can contact you if they have questions about the evidence requested or need additional information.
can the deposition be conducted online/remotely?
Yes. Depositions may be conducted remotely by video‑conference or telephone under Rule 30(b)(4).
What happens if the subpoena is ignored?
Massachusetts law is very clear: under Mass.R.Civ.P. 45(g), failing to obey a subpoena—without an adequate excuse—can be treated as contempt of court. This applies whether the subpoena was issued by a clerk, a notary public, or a justice of the peace.
IMPORTANT: We need proof that a case is pending in your foreign jurisdiction in order to issue a subpoena. This requirement can be satisfied by sending us a Commission and/or a subpoena issued in your jurisdiction. If you are sending us a subpoena already made out to the recipient(s), you may skip this online form because your subpoena should contain all the information we need to draft and issue a local one.
AFTER YOU SEND US THE INFORMATION, we will determine the total cost and email you an invoice that can be paid by credit card. We also accept Chime, Venmo, or Cash App.
PAYMENT MUST BE RECEIVED BEFORE services are rendered. The fees you pay cover the costs required to draft, issue, and serve a subpoena. These fees may include court fees, paralegal time, notarial services, and process server fees.
AFTER YOU SEND US THE INFORMATION, we will determine the total cost and email you an invoice that can be paid by credit card. We also accept Chime, Venmo, or Cash App.
PAYMENT MUST BE RECEIVED BEFORE services are rendered. The fees you pay cover the costs required to draft, issue, and serve a subpoena. These fees may include court fees, paralegal time, notarial services, and process server fees.
