Taking a Massachusetts Deposition for an Out‑of‑State Case

If you have a case pending in a court outside the Commonwealth of Massachusetts and need to depose a witness who lives here, our Legal Support Network can assist with every step of the Massachusetts subpoena process.

Under Massachusetts General Laws, Chapter 233, Section 45, a witness in Massachusetts may be summoned and compelled—just as if appearing before a Massachusetts court—to give a deposition for a case pending in another state. The statute authorizes depositions to be taken before:

• > A Massachusetts notary public or justice of the peace, or​
• > A commissioner appointed by the court where your case is pending, with the witness compelled to appear through process issued by a Massachusetts notary or justice of the peace.

​
Our network issues deposition subpoenas in full compliance with M.G.L. c. 233 § 45 to compel the witness to appear at the deposition you schedule with a deposition service company.

Steps You Must Take

1.) Obtain Permission From Your Court
Your court must authorize the deposition by issuing a Commission. The Commission should:

• > Appoint the specific person or deposition service company who will take the deposition (this becomes the commissioner), and
• > Authorize any Massachusetts notary public to issue the subpoena.

Courts routinely issue these upon request.

2.) Schedule the Deposition
Arrange the date and time with a deposition service company. Two reputable Massachusetts options include:

• * Esquire Deposition Solutions (Boston)
• * Philbin & Associates, Inc. (Springfield)

Important Notes:

• > If you need document production, Massachusetts requires 30 days’ notice from the date the subpoena is served (known as the 30 Day Rule)
• > A witness cannot be compelled to attend a deposition located more than 50 airline miles from their home or workplace. (This doesn't include remote depositions.)
• > The exact person or company taking the deposition must be named in the Commission.

​
3.) Contact us to Issue the Deposition Subpoena
Once you have:

• -  A scheduled deposition, and
• - A certified (attested) copy of your Commission,

we will:

1. ~ Draft the Massachusetts Deposition Subpoena
2. ~ Issue it through one of our notaries public
3. ~ Serve the subpoena on the witness​​

4.) Provide a Notice of Deposition
Send us your Notice of Deposition along with:

• - A copy of the Commission
• - Payment for drafting, issuing, and service

We will serve the Notice together with the subpoena.

Visit:
Massachusetts Subpoena for Out-of-State Case
​for more information