The following is the procedure for an out of state or foreign party to issue a court ordered subpoena within the state of Massachusetts:

The party seeking the subpoena must comply with the following state statutes:

Click here for Massachusetts General Law 223 Secton 45

Serving the subpoena:

Click here for Massachusetts Rule 45 Procedure

Sample subpoena form:

Click here for Massachusetts Forms

Click here for Massachusetts Courts Main Forms Website

Required Steps:

  1. Upon application by an “interested party”, or in response to a letter rogatory from another state, a court in Massachusetts may order a person within the Commonwealth to give testimony and/or produce documents for use in the other state’s tribunal.
  2. A discovery action should be filed in the Massachusetts court, along with an Application for Order for Taking Deposition, supported by an affidavit from Massachusetts counsel filing the action, and a copy of the deposition notice from the other state.
  3. When the application has been granted, a copy of the court order should be attached to the deposition subpoena that is served on the deponent.

Witness fees:

As per MA Statute 29, witness fees are six dollars per day and .10 per mile to and from the destination specified in the subpoena and the witness’ residence.

Notice time:

For documents and things: A subpoena upon a party which commands the production of documents, electronically stored information, or things must give the party at least 30 days for compliance after service thereof.  For depositions, seven days’ notice.

Notice to adverse parties:

As per MRCP 30, a party desiring to take the deposition of any person upon oral examination shall give at least seven days’ notice in writing to every other party to the action.