What Is a Deposition in Massachusetts?
A deposition is a formal legal proceeding where a witness provides sworn testimony outside of the courtroom. It is part of the discovery process in civil and certain criminal matters. During a deposition:
Depositions help establish facts, preserve a witness’s memory, and clarify issues before a case reaches trial.
A deposition is a formal legal proceeding where a witness provides sworn testimony outside of the courtroom. It is part of the discovery process in civil and certain criminal matters. During a deposition:
- The witness (called the deponent) answers questions under oath
- Attorneys and Pro Se litigants use the testimony to gather evidence, evaluate the strength of a case, and prepare for trial
- The testimony is recorded—usually by audio, video, or stenographic transcript
- The statements carry the same legal weight as testimony given in court
Depositions help establish facts, preserve a witness’s memory, and clarify issues before a case reaches trial.
Who Can Issue a Deposition Subpoena in Massachusetts?
In Massachusetts, a deposition typically requires a subpoena to compel a witness to appear and testify. Under Massachusetts Rule of Civil Procedure 45, the following officials have the authority to issue deposition subpoenas:
- Notaries Public
- Court Clerks (will only issue if case is pending before the court they work in)
- Justices of the Peace
This authority applies to both Massachusetts cases and out‑of‑state cases when the witness is located in Massachusetts. A notary’s subpoena is fully enforceable under Massachusetts law.
Why a Deposition Subpoena Matters
A valid Massachusetts deposition subpoena can require a witness to:
- Appear at a specific time and place
- Provide sworn testimony
- Produce documents or records (via a subpoena duces tecum)
Failure to comply may result in court‑ordered enforcement.
Notary Public's role in a deposition
A Massachusetts Notary Public is authorized to provide the following official acts:
- Issue Deposition Subpoenas
- Administer Oath/Affirmation to the deponent
- Record, transcribe, and/or take testimony
Perjury Warning
Because the witness is placed under oath, lying during a deposition is perjury, a criminal offense under Massachusetts law. All testimony must be truthful.
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.”
