A subpoena may require someone to produce documents, electronically stored information (ESI), tangible items, or allow inspection of a property. This command can be included in a subpoena that also requires attendance at a deposition, hearing, or trial, or it may be issued as a separate documents‑only subpoena. The subpoena may also specify the format in which electronic information must be produced.
The party or attorney requesting the issuance of a subpoena must take reasonable steps to avoid placing an undue burden or expense on the person receiving it. If the recipient believes the subpoena is unreasonable or oppressive, they may file a prompt motion with the court—no later than the compliance deadline—asking the court to quash or modify it. The court may also deny such a motion on the condition that the issuing party advances the reasonable costs of producing the requested materials.
When a subpoena commands the production of documents, ESI, or tangible things, the recipient must allow inspection, copying, testing, or sampling of the requested materials. However, a person ordered only to produce items or permit inspection does not need to appear in person unless the subpoena also requires attendance at a deposition, hearing, or trial.
The party or attorney requesting the issuance of a subpoena must take reasonable steps to avoid placing an undue burden or expense on the person receiving it. If the recipient believes the subpoena is unreasonable or oppressive, they may file a prompt motion with the court—no later than the compliance deadline—asking the court to quash or modify it. The court may also deny such a motion on the condition that the issuing party advances the reasonable costs of producing the requested materials.
When a subpoena commands the production of documents, ESI, or tangible things, the recipient must allow inspection, copying, testing, or sampling of the requested materials. However, a person ordered only to produce items or permit inspection does not need to appear in person unless the subpoena also requires attendance at a deposition, hearing, or trial.
NOTICE: Not all Notaries Public should provide subpoena services. In accordance with M.G.L. c. 222, § 17(d):
“A notary public who is not an attorney shall not engage in the practice of law. This subsection shall not preclude a notary public who is duly qualified, trained or experienced in a particular industry or professional field from selecting, drafting or completing a certificate or other document related to a matter within that industry or field.”
“A notary public who is not an attorney shall not engage in the practice of law. This subsection shall not preclude a notary public who is duly qualified, trained or experienced in a particular industry or professional field from selecting, drafting or completing a certificate or other document related to a matter within that industry or field.”
