Massachusetts Subpoena Duces Tecum
A Subpoena Duces Tecum is a formal legal order requiring a person, business, agency, or records custodian to produce documents, records, or other tangible evidence for use in a legal proceeding. In Massachusetts, this includes items such as:
A Subpoena Duces Tecum may require the recipient to deliver the documents, bring them to a deposition, or produce them at a hearing or trial.
A Subpoena Duces Tecum is a formal legal order requiring a person, business, agency, or records custodian to produce documents, records, or other tangible evidence for use in a legal proceeding. In Massachusetts, this includes items such as:
- Contracts, invoices, emails, and correspondence
- Medical, employment, or financial records
- Photographs, video footage, or digital files
- Business records or government agency files
- Any other materials relevant to a case
A Subpoena Duces Tecum may require the recipient to deliver the documents, bring them to a deposition, or produce them at a hearing or trial.
Who Can Issue a Subpoena Duces Tecum in Massachusetts
Under Mass.R.Civ.P. 45(a), a subpoena—including a Subpoena Duces Tecum—may be issued by:
- A Clerk of Court
- A Massachusetts Notary Public
- A Justice of the Peace
When issued by a notary public or justice of the peace, the subpoena is considered issued "on behalf of the court", and it carries the same legal force as one issued by the clerk of court.
This authority applies to civil cases, administrative agency matters, depositions, and document‑only subpoenas.
Penalty for Ignoring a Subpoena Duces Tecum
Massachusetts law is very clear about the consequences of ignoring a subpoena. Under Mass.R.Civ.P. 45(g): "Failure by any person without adequate excuse to obey a subpoena may be deemed a contempt of the court on whose behalf the subpoena was issued."
This means:
- The court may order the person to appear and explain the noncompliance
- The court may issue an order compelling production of the documents
- Continued refusal can result in civil contempt, which may include:
- Fines
- Court‑ordered compliance
- In extreme cases, coercive custody until the person complies
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.”
