Massachusetts Subpoena Services
Drafting, Issuing, and Serving
Subpoenas Statewide
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.
Types of Massachusetts Subpoenas we Draft, Issue, and Serve Statewide
Subpoena Ad Testificandum(Latin for "to testify under penalty") a legal order used to command a person to appear and give oral testimony at a hearing or trial. Subpoena Duces Tecum(Latin for "bring with you under penalty") a legal order used to command a person to appear and produce tangible evidence (photos, records, documents, etc.) for use at a hearing or trial. Subpoena to Permit Inspection of PremisesThis type of subpoena compels a property owner or custodian—usually a non‑party—to allow entry onto land or into a structure so that the requesting party may inspect, photograph, measure, survey, or test the property when such access is relevant to a civil case. Deposition SubpoenaA legal order used to command a person to appear and testify at a deposition presided over by an officer authorized by law to administer oaths (notary public, justice of the peace, etc.) A deposition will take place outside the courtroom, usually at an attorney's office. Documents‑Only SubpoenaA legal order under Mass.R.Civ.P. 45(b) that requires a person to produce records, electronically stored information, or other tangible evidence that does not require them to appear and give testimony. They must only send the evidence. Witness SummonsA legal order used to compel a witness to appear before a Court, before a person authorized to examine witnesses, or at a deposition to testify about what he/she knows. Pursuant to ALM GL ch. 233 § 1, a witness summons is equivalent to a subpoena. |
Request a Subpoena Online
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.
Can any Massachusetts 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.
Is a subpoena issued by a court clerk or justice more authoritative than one issued by a notary public?
No. A properly issued notary subpoena carries the same legal force as one issued by a clerk or justice.
Do I need 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.
What types of records or evidence can be subpoenaed?
Documents, photographs, electronic data, business records, medical files, employment records, and other relevant evidence.
Can a subpoena be used solely to obtain records without requiring testimony?
Yes. A documents‑only subpoena may compel production of records without requiring personal appearance.
How can a subpoena help me access or inspect someone’s property for evidence?
A subpoena may compel a property owner or custodian to permit inspection, photographing, measuring, or testing.
My case is pending out of state—can a Massachusetts notary assist with deposing a Massachusetts witness or business?
Yes. A Massachusetts notary may issue a subpoena for a deposition conducted in Massachusetts for an out‑of‑state case.
What happens if someone fails to comply with a subpoena?
Non‑compliance may result in contempt proceedings, sanctions, or other penalties.
Do I need to issue and serve a Notice of Deposition along with a deposition subpoena?
Yes. A Notice of Deposition typically must accompany a deposition subpoena.
For a deposition, can I require a witness to testify and produce records at the same time?
Yes. A deposition subpoena may command both testimony and production of documents.
In which Massachusetts counties does IPS-Notary serve subpoenas in?
Our process servers will serve your subpoena in any county. Subpoena services are offered statewide.
What is a witness fee in Massachusetts, and who must be paid one when served with a subpoena?
A witness fee in Massachusetts is the mandatory statutory payment that must be provided at the time a subpoena is served when you are compelling a private individual to appear and testify. The fee compensates an ordinary witness for their time and travel.
Massachusetts law requires that the subpoenaing party tender:
-- $6.00 per day for attendance
-- $0.10 per mile one‑way for travel from the witness’s residence to the place of testimony
A subpoena is not enforceable unless this fee is included at the time of service.
Witness fees apply when compelling a private witness to appear for a deposition, perpetuation of testimony, or court appearance. However, several categories of individuals do not receive witness fees because they are appearing in an official or obligated capacity rather than as private citizens. These include:
~ Parties to the case (plaintiffs and defendants)
~ Corporate representatives designated under Rule 30(b)(6)
~ Law enforcement officers appearing as part of their official duties
~ Employees of the Commonwealth of Massachusetts, such as DCF social workers, state agency investigators, probation officers, and other government personnel acting in their official roles
~ Expert witnesses who are compensated under a separate agreement
~ Anyone who voluntarily appears without being subpoenaed
These individuals are exempt because the statutory witness fee is intended only for ordinary private witnesses who are compelled by legal process to give testimony. Government employees and officials are already compensated by their employer for appearing in their official capacity, so no statutory fee is required.
How do I request your office to draft, issue, and serve a subpoena?
Submit your request online. We will draft, issue, attach witness fees, and serve the subpoena.
• Be issued by a notary public, clerk, or justice of the peace
• Identify the records requested
• Provide a production deadline
• Include the required witness fee
• Include HIPAA-required notices or assurances
• A compliant subpoena plus proof of patient notice
• A court order
• A HIPAA authorization
If refusal continues, the requesting party may file a motion to compel.
Because our network also provides paralegal services, our notaries meet—and exceed—this statutory requirement.
