Massachusetts has not adopted the UIDDA — so no court clerk will “domesticate” your out-of-state subpoena. There are two real routes, and Served 123 LLC runs both: by default the fast notary route, where a Massachusetts notary public issues the subpoena under M.G.L. c. 233 § 45 — often the same day, with no court order and nothing extra from you — and, when your case or the originating court requires it, the court-order route under M.G.L. c. 223A § 11. Statewide across all 14 counties.
Massachusetts is not a UIDDA state. There is no clerk-issuance shortcut and no foreign subpoena to “domesticate.” Two routes exist: a notary-issued subpoena under c. 233 § 45 (fast — the one most out-of-state filers miss) or a Superior Court order under c. 223A § 11. Served 123 runs both — defaulting to the notary route for speed — and serves statewide.
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Massachusetts has not adopted the UIDDA, so you cannot domesticate an out-of-state subpoena through a court clerk. Two routes exist. The fast one: under M.G.L. c. 233 § 45, a Massachusetts notary public (or justice of the peace) issues a subpoena compelling a Massachusetts witness to give a deposition — and, under Mass. R. Civ. P. 45, to produce documents and ESI — for a cause pending in any other state, with no court order (a notary has the same authority as a clerk). The court route: under M.G.L. c. 223A § 11, a Massachusetts Superior Court can order the testimony or production on application or letter rogatory. Served 123 LLC runs both — defaulting to the notary route for speed, often issuing the same day with nothing extra required from you — and serves across all 14 counties.
Unlike most states, Massachusetts has not adopted the Uniform Interstate Depositions and Discovery Act. There is no clerk who “reissues” or “domesticates” a foreign subpoena — a point even some national process servers get wrong. Massachusetts instead keeps two long-standing mechanisms, and the faster one puts a notary, not a clerk, in charge.
The fast route is M.G.L. c. 233 § 45. A Massachusetts notary public or justice of the peace can issue process compelling a Massachusetts witness to give a deposition for a cause pending in any other state or government. Section 1 of the same chapter gives a notary the same authority as a court clerk to issue witness summonses, and Mass. R. Civ. P. 45 lets that subpoena command testimony, the production of documents and ESI, or inspection of premises — including a documents-only subpoena to a non-party since 2015. No Massachusetts court, no filing fee, and nothing extra from you.
The court-order route is M.G.L. c. 223A § 11. A Massachusetts Superior Court may order a person here to give testimony or produce documents for an out-of-state proceeding — on the application of any interested person, or in response to a letter rogatory. It is broader and court-supervised, and it is the right tool when the originating court issues a commission or letter rogatory, when a witness is likely to resist, or when opposing counsel demands a court order. We default to the notary route for speed and run the court route whenever your case calls for it.
Massachusetts gives you two real ways to compel a local witness for your out-of-state case. We run Route 1 by default because it's faster and needs nothing extra from you — and we run Route 2 whenever your case or the originating court requires it. Either way, you send one packet and we handle the rest.
Three quick questions. This is a guide, not legal advice — we always confirm before anything issues.
Answer the three questions and we'll point you to the faster route — then we confirm before anything issues.
Not sure which applies? Send your subpoena and the witness's details to info@served123.com — we confirm the right route the same day and tell you exactly what (if anything) we need from you.
From intake to proof of service — the notary route, exactly as we run it.
Email your out-of-state subpoena (or the discovery you need), the originating court and docket, and the Massachusetts witness's name and address. We confirm scope and the right route the same day. No Massachusetts case or docket number is required.
We identify the Massachusetts county where the witness lives, works, or transacts business, confirm the Mass. R. Civ. P. 45(d)(2) 50-mile limit is satisfied, and confirm the route — the fast notary route under c. 233 § 45 or, when your case requires it, the court-order route under c. 223A § 11.
For a deposition, a Notice of Deposition is required before the subpoena issues (Rule 45(d)(1)); we prepare it. For records, we prepare a documents-only subpoena or a keeper-of-records deposition subpoena commanding documents and ESI under Rule 45.
Our Massachusetts notary public — a statutory officer with the same authority as a court clerk (c. 233 § 1) — issues the subpoena under c. 233 § 45. No court filing and no clerk appointment are needed, so issuance is often same-day. (When the court route applies, we instead file the c. 223A § 11 application.)
We serve the subpoena by a disinterested person under Rule 45(c) — by delivery, by reading it, or by leaving a copy at the witness's abode — and, where attendance is commanded, tender one day's witness fee and the statutory mileage (c. 233 § 3). A documents-only subpoena is copied to all parties first.
You receive proof of service and the produced records or transcript. If the witness fails to comply, Massachusetts penalties apply — contempt and a warrant under c. 233 §§ 4–6; a motion to quash or for a protective order is heard by the Superior Court for the county where the deposition is to be taken.
A subpoena from another state has no force over a Massachusetts witness — and in Massachusetts, no clerk will reissue it. A notary-issued subpoena under c. 233 § 45 does.
Massachusetts runs on its own statutes and rule — c. 233 § 45 for the notary's authority, c. 223A § 11 for the court-order route, and Mass. R. Civ. P. 45 for the subpoena, service, and limits.
| Authority | Subject | Key requirement |
|---|---|---|
| M.G.L. c. 233 § 45 | Notary route | A notary public or justice of the peace may compel a Massachusetts witness to give a deposition for a cause pending in a court of any other state or government. |
| M.G.L. c. 223A § 11 | Court-order route | A Superior Court may order a person here to give testimony or produce documents for an out-of-state proceeding, on application or letter rogatory. |
| M.G.L. c. 233 § 1 | Issuance authority | A clerk of a court of record, a notary public, or a justice of the peace may issue summonses for witnesses in all cases. |
| M.G.L. c. 233 § 2 | Service | How a witness summons is served — by an officer qualified to serve civil process or by a disinterested person. |
| M.G.L. c. 233 § 3 | Witness fees | No witness need attend unless the fees for one day's attendance and travel are paid or tendered. |
| M.G.L. c. 233 §§ 4–5 | Nonattendance | Liability and penalty (contempt) for a witness who fails to attend after a lawful summons. |
| M.G.L. c. 233 § 6 | Warrant | A court may issue a warrant to compel a nonattending witness to appear. |
| Mass. R. Civ. P. 45(a) | Form / scope | A notary public may issue a subpoena for testimony, documents and ESI, or inspection of premises. |
| Mass. R. Civ. P. 45(b) | Documents-only | A documents-only subpoena to a non-party is allowed (2015); no deposition appearance required. |
| Mass. R. Civ. P. 45(c) | Service / fees | Service by any non-party 18 or older; tender one day's fee and mileage if attendance is commanded. |
| Mass. R. Civ. P. 45(d)(2) | 50-mile limit | A Massachusetts resident need not attend or produce more than 50 airline miles from home, work, or business. |
Citations verified against the Massachusetts General Court (malegislature.gov) and the Massachusetts Trial Court (mass.gov). Massachusetts has not adopted the UIDDA; out-of-state discovery proceeds under c. 233 § 45 (notary route) or c. 223A § 11 (court-order route), with Mass. R. Civ. P. 45 governing the subpoena.
The assumptions that stall out-of-state filers — and how we avoid them.
Massachusetts has not adopted the UIDDA. No clerk reissues a foreign subpoena. Out-of-state filers who wait for a “domesticated” subpoena from a Massachusetts clerk wait forever — the routes are a notary-issued subpoena (c. 233 § 45) or a court order (c. 223A § 11).
Under Mass. R. Civ. P. 45(d)(1), a deposition subpoena cannot issue until a Notice of Deposition has been served. Skip it and the subpoena is defective. A documents-only subpoena instead requires serving copies on all parties.
M.G.L. c. 233 § 3 and Rule 45(c) require tendering one day's witness fee and mileage when attendance is commanded; a documents-only subpoena needs no tender. Miss it and attendance can't be compelled.
A Massachusetts resident cannot be made to attend or produce more than 50 airline miles from home, work, or business (Rule 45(d)(2)). The deposition has to be noticed within that radius.
Since 2015, Massachusetts allows a documents-only subpoena to a non-party (Rule 45(b)). There's no need to notice a keeper-of-records deposition just to get documents — we issue the right instrument.
Some out-of-state courts or their rules require a commission or letter rogatory, which runs through the court-order route under c. 223A § 11 rather than a notary-issued subpoena. We confirm what the originating court needs — and when a commissioner is appointed, the witness is still compelled to appear by notary or JP process under c. 233 § 45.
What a NAPPS-accredited, nationwide operation brings to a non-UIDDA state.
We issue your subpoena through our own Massachusetts notary — a statutory officer under c. 233 § 1 — so issuance is often same-day.
Notary route by default for speed; the c. 223A § 11 court-order route when the case or the originating court requires it. You get one point of contact.
No clerk, no court filing, no commission to arrange on the notary route. That is days saved versus letters rogatory.
We issue the right instrument — a deposition subpoena or, since 2015, a documents-only subpoena for records and ESI.
From Suffolk and Middlesex to the Berkshires and the Cape — we serve every Massachusetts county.
Send your subpoena anytime; live support at info@served123.com keeps every order moving.
Every kind of out-of-state subpoena we issue and serve in Massachusetts under c. 233 § 45 and Mass. R. Civ. P. 45.
Compels production of documents, records, or electronically stored information. Business-records subpoenas are with Mass. R. Civ. P. 45 and the Massachusetts law governing the deposition, production, and inspection.
Requires personal appearance and testimony. Witness and mileage fees (one day's witness fee and the statutory mileage) apply.
Requires a witness to appear for a recorded deposition under Massachusetts General Laws c. 233, § 45 (with Mass. R. Civ. P. 45) — often combined with document production in a single subpoena.
Directs an entity in Massachusetts to designate a representative to testify. It can also command a documents-only production from a Massachusetts business or records custodian without a deposition (Mass. R. Civ. P. 45, amended 2015).
From solo practitioners to Fortune 500 legal teams — all relying on Served 123 LLC for Massachusetts depositions and records across all 14 counties.
Running multi-state cases that need testimony or records from witnesses across all 14 Massachusetts counties.
In-house teams handling cross-jurisdictional discovery through Massachusetts's Superior Courts.
Claims teams pulling Massachusetts medical records, depositions, and expert subpoenas under Massachusetts General Laws c. 233, § 45 (with Mass. R. Civ. P. 45).
Organizations needing end-to-end Massachusetts domestication and records production.
Attorneys who need dependable Massachusetts coverage without a local vendor network in all 14 Massachusetts counties.
Support firms outsourcing Massachusetts subpoena domestication for their attorney clients.
Send the county where the witness lives, works, or transacts business — the notary route needs no county court, and we serve wherever the witness is.
All 14 Massachusetts counties covered — including Barnstable (Cape Cod), Berkshire, Bristol, Dukes, Essex, Franklin, Hampden, Hampshire, Middlesex, Nantucket, Norfolk, Plymouth, Suffolk, and Worcester. The notary route needs no county court; we serve wherever the witness is.
Common questions about subpoenaing a Massachusetts witness for a case pending in another state.
Send the originating state and docket, plus the Massachusetts witness's name and address. We confirm the right route the same day — usually the notary route under c. 233 § 45, issued by our Massachusetts notary with no court filing, served under Mass. R. Civ. P. 45 across all 14 counties. Court-order, commission, and letters-rogatory matters handled too.
Served 123 LLC is a process service and litigation-support company, not a law firm. This page is general information about Massachusetts procedure, not legal advice.
