A Massachusetts Notary Public has the same authority as a District Court judge when it comes to issuing subpoenas and summonses. Notaries Public are empowered by law to issue subpoenas in all cases pending before courts, magistrates, auditors, referees, arbitrators or other persons authorized to examine witnesses, and at all hearings upon applications for complaints wherein a person may be charged with the commission of a crime (M.G.L. c. 233 § 1). Furthermore, in accordance with Rule 45 of the Massachusetts Rules of Civil Procedure (Mass.R.Civ.P.), "[e]very subpoena shall be issued by the clerk of court, a notary public, or by a justice of the peace, shall state the name of the court and the title of the action, and shall command each person to whom it is directed to attend and give testimony at a time and place therein specified".
In matters before administrative agencies, such as the Department of Unemployment Assistance (DUA), M.G.L. c. 30A § 12(3) allows any party to an administrative “adjudicatory proceeding” to have subpoenas issued by a notary public. This authority applies across Massachusetts agencies operating under Chapter 30A, including the Department of Transitional Assistance (DTA), the Division of Administrative Law Appeals (DALA), and the Massachusetts Peace Officer Standards and Training Commission (POST), among others.
Although every Massachusetts Notary Public is legally empowered to issue subpoenas, not all notaries should do so. Subpoenas must follow strict statutory and procedural requirements, and even minor errors in format or content can render them invalid. For this reason, subpoena drafting and issuance should be handled by experienced notaries who possess legal training and understand court rules and agency procedures.
Subpoenas are best issued by notaries who possess legal training—such as paralegals or attorneys—to ensure that each document is accurately prepared, fully compliant with Massachusetts law, and enforceable.
We (1) draft, (2) issue, and (3) serve subpoenas throughout Massachusetts. We specialize in drafting and issuing the following types of subpoenas:
A Massachusetts Notary Public has the same authority as a District Court judge when it comes to issuing subpoenas and summonses. Notaries Public are empowered by law to issue subpoenas in all cases pending before courts, magistrates, auditors, referees, arbitrators or other persons authorized to examine witnesses, and at all hearings upon applications for complaints wherein a person may be charged with the commission of a crime (M.G.L. c. 233 § 1). Furthermore, in accordance with Rule 45 of the Massachusetts Rules of Civil Procedure (Mass.R.Civ.P.), "[e]very subpoena shall be issued by the clerk of court, a notary public, or by a justice of the peace, shall state the name of the court and the title of the action, and shall command each person to whom it is directed to attend and give testimony at a time and place therein specified".
In matters before administrative agencies, such as the Department of Unemployment Assistance (DUA), M.G.L. c. 30A § 12(3) allows any party to an administrative “adjudicatory proceeding” to have subpoenas issued by a notary public. This authority applies across Massachusetts agencies operating under Chapter 30A, including the Department of Transitional Assistance (DTA), the Division of Administrative Law Appeals (DALA), and the Massachusetts Peace Officer Standards and Training Commission (POST), among others.
Although every Massachusetts Notary Public is legally empowered to issue subpoenas, not all notaries should do so. Subpoenas must follow strict statutory and procedural requirements, and even minor errors in format or content can render them invalid. For this reason, subpoena drafting and issuance should be handled by experienced notaries who possess legal training and understand court rules and agency procedures.
Subpoenas are best issued by notaries who possess legal training—such as paralegals or attorneys—to ensure that each document is accurately prepared, fully compliant with Massachusetts law, and enforceable.
We (1) draft, (2) issue, and (3) serve subpoenas throughout Massachusetts. We specialize in drafting and issuing the following types of subpoenas:
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Can any notary public draft and issue a subpoena?
Not every notary public is qualified to draft or complete legal documents. Under M.G.L. c. 222 § 17, a notary public must be duly qualified, trained, or experienced in a professional field before selecting, drafting, or completing documents related to that field. Because our network also provides paralegal services, our notaries meet—and exceed—this statutory requirement.
We refer to notaries public who are also paralegals or attorneys as "legal notaries," distinguishing them from a “regular notary,” whose authority is limited to witnessing signatures and administering oaths.
We refer to notaries public who are also paralegals or attorneys as "legal notaries," distinguishing them from a “regular notary,” whose authority is limited to witnessing signatures and administering oaths.
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.
Do I have to sign the 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.
If you have a valid reason for not including your address, please let us know when you submit your case details. A valid reason might be that you are a victim of domestic violence and do not want your former partner to know your location.
If you have a valid reason for not including your address, please let us know when you submit your case details. A valid reason might be that you are a victim of domestic violence and do not want your former partner to know your location.
What kind of records or things can I subpoena?
You may request a subpoena to obtain the payroll records of your soon-to-be ex-spouse for use in your divorce case. Likewise, you can subpoena photographs, business records, or other tangible items that are necessary as evidence in your matter. When requesting a subpoena, you need to be very specific of what evidence you need.
I just need the evidence. No one has to appear to testify. Can a subpoena be used just for the records?
Yes. A documents‑only subpoena, as defined in Mass.R.Civ.P. 45(b), requires a person or business to produce records, photographs, electronically stored information, or other tangible materials without appearing in court or at a deposition. It is typically used when a party needs evidence such as payroll records, business files, or communications but does not require live testimony.
I need to go on someone's property to gather evidence for my case. How can a subpoena help me?
A subpoena can give you legal authority to enter someone's property when you need to inspect, photograph, or document conditions that are important to your case. In Massachusetts, this is done through a Subpoena to Enter Land (a/k/a Subpoena to Permit Inspection of Premises) under Rule 45, which requires the property owner to allow reasonable access at a specified date and time. Without it, stepping onto someone’s land could be considered trespassing, even if your intentions are legitimate.
My case is pending out-of-state and I need to depose a Massachusetts-based witness or business representative. can a notary assist me?
Yes, a Massachusetts Notary Public can issue a subpoena to compel a person in Massachusetts to appear and give his deposition for a case pending in other foreign jurisdictions. Specifically, pursuant to M.G.L. 233 § 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".
Please visit our Domesticate Subpoena page for more information.
Please visit our Domesticate Subpoena page for more information.
What is a Witness Summons?
A witness summons is equivalent to a subpoena. A subpoena or witness summons commands a witness to appear at a time and place to testify about what he or she knows.
What happens if a person fails to obey a subpoena?
Failure by any person without adequate excuse to obey a subpoena that has been served upon him may be deemed a contempt of court where the action is pending. In other words, if a person does not obey a subpoena, he or she will be found in contempt of court and can be arrested and be brought before the court to answer for his or her contempt. A contempt may result in jail time or hefty fines.
must i have a notice of deposition issued and served with a deposition subpoena?
Yes, you must serve a 'Notice of Deposition' on the witness before a deposition can be held. This 'Notice of Deposition' can be served at the same time a deposition subpoena is served. If you would like us to draft the notice for you, there is an additional fee of $30.
I need a witness to appear at a deposition to testify AND produce records. Since it's a deposition, can I compel the witness to produce evidence?
Yes, you can compel the witness to appear at a deposition AND produce records. You must, however, give the deponent 30 days to comply after he is served with a subpoena and 'Notice of Deposition'. This is commonly referred to as the "30 Day Rule".
How can I have your office draft, issue, and serve my subpoena?
At IPS we draft, issue, and serve subpoenas in Massachusetts. To obtain one, all you have to do is fill out the Request a Subpoena Online form below. Once the information is sent to us, we will use it to type out and issue a subpoena. A copy of the issued subpoena will be emailed to you for your review/records. Then, another copy will be served by a process server or constable.
IMPORTANT: We will email you to confirm that you want us to issue a subpoena. We draft, issue, attach witness fee to, and serve subpoenas in Massachusetts for all cases. Most subpoenas are served within 2-3 business days. If you want us to guarantee that the subpoena will be served within 24 hours, you should request a "rush service" in the 'Additional Message or Information' box below. A copy of the subpoena will be emailed to you for your records and review. Then, after a copy is served, the Return of Service will also be emailed to you.
AFTER YOU SEND US THE INFORMATION in the form, we will determine the total cost. This total cost will include the required witness fee that must be paid at the time the subpoena is served in-hand.
PAYMENT MUST BE RECEIVED BEFORE the original Subpoena and Return of Service are returned to you. We accept payment via credit card, Chime, Venmo or Cash App.
AFTER YOU SEND US THE INFORMATION in the form, we will determine the total cost. This total cost will include the required witness fee that must be paid at the time the subpoena is served in-hand.
PAYMENT MUST BE RECEIVED BEFORE the original Subpoena and Return of Service are returned to you. We accept payment via credit card, Chime, Venmo or Cash App.
