Subpoena to Permit Inspection of Premises (Massachusetts)
A Subpoena to Permit Inspection of Premises is a type of subpoena authorized under Massachusetts Rule of Civil Procedure 45. It allows a party in a civil case to legally compel a property owner or custodian to allow entry onto land or into a building for inspection. This subpoena is commonly used when important evidence is located on private property and cannot be evaluated without physical access.
Purpose of This Subpoena
A Subpoena to Permit Inspection of Premises is used to:
It is the non‑party equivalent of a Rule 34 inspection request. When the person controlling the property is not a party to the case, Rule 45 is the mechanism that gives legal authority to enter.
Who Can Issue This Subpoena in Massachusetts
Under Mass.R.Civ.P. 45(a), the following individuals may issue a subpoena to permit inspection of premises:
Massachusetts is one of the few states where Notaries Public and Justices of the Peace have statutory authority to issue subpoenas in civil matters. This includes subpoenas for:
This authority is grounded in Rule 45(a), which explicitly lists notaries and JPs as authorized officers.
When This Subpoena Is Typically Used
Clients and attorneys rely on this subpoena for situations such as:
If the property owner refuses access, the subpoena can be enforced through the court.
A Subpoena to Permit Inspection of Premises is a type of subpoena authorized under Massachusetts Rule of Civil Procedure 45. It allows a party in a civil case to legally compel a property owner or custodian to allow entry onto land or into a building for inspection. This subpoena is commonly used when important evidence is located on private property and cannot be evaluated without physical access.
Purpose of This Subpoena
A Subpoena to Permit Inspection of Premises is used to:
- Inspect, photograph, or document a location relevant to a lawsuit
- Measure or survey land or structures
- Examine conditions, such as damage, defects, or hazards
- Conduct testing or sampling, when appropriate
- Preserve evidence before it changes or disappears
It is the non‑party equivalent of a Rule 34 inspection request. When the person controlling the property is not a party to the case, Rule 45 is the mechanism that gives legal authority to enter.
Who Can Issue This Subpoena in Massachusetts
Under Mass.R.Civ.P. 45(a), the following individuals may issue a subpoena to permit inspection of premises:
- Court Clerks
- Notaries Public
- Justices of the Peace
Massachusetts is one of the few states where Notaries Public and Justices of the Peace have statutory authority to issue subpoenas in civil matters. This includes subpoenas for:
- Testimony (Subpoena Ad Testificandum)
- Documents (Documents-Only)
- Inspection of premises (Subpoena for Inspection)
This authority is grounded in Rule 45(a), which explicitly lists notaries and JPs as authorized officers.
When This Subpoena Is Typically Used
Clients and attorneys rely on this subpoena for situations such as:
- Slip‑and‑fall or premises liability cases
- Construction disputes
- Boundary or property line issues
- Environmental or soil testing
- Accident scene documentation
- Real estate or structural defect investigations
If the property owner refuses access, the subpoena can be enforced through the court.
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.”
