A subpoena is one of the most powerful tools available in a
Massachusetts legal proceeding. Whether you need documents, testimony, or
access to premises, a properly issued subpoena compels compliance under state
law. This post breaks down who can issue a subpoena, how subpoenas are
enforced, and provides direct links to the relevant service pages on IPS‑Notary.
Who Can Issue a Subpoena in Massachusetts?
Massachusetts
law is unusually broad in terms of who may issue a subpoena. Under Mass.R.Civ.P. 45, M.G.L. c. 233 § 1, and M.G.L. c. 30A § 12(3), the following individuals and
entities may issue subpoenas:
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🗸 Massachusetts
Notaries Public
Massachusetts is one of the few states where Notaries Public have statutory
authority to issue subpoenas and witness summonses. This includes subpoenas
for:
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🗸 Clerks and
Assistant Clerks of Court
Court clerks may issue subpoenas upon request, but they will only issue a
subpoena if a case is being heard in the court they work in. For example, a
district court clerk will not issue a subpoena for a family court case. A lot
of times, court clerks will refuse to issue a subpoena and will tell you to
consult an attorney or paralegal service.
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🗸 Massachusetts
Justice of the Peace
A Massachusetts Justice of the Peace holds the same subpoena‑issuing
authority as a Massachusetts Notary Public under M.G.L. c. 233 § 1. Both officials may issue subpoenas
for attendance of witnesses and/or the production of evidence in any case
where a subpoena is permitted.
A Justice of the Peace
is a judicial‑branch appointee, while a Notary Public is an executive‑branch
appointee. Both are appointed by the Governor with the advice and consent of
the Executive Council.
One key distinction is
that a Justice of the Peace may solemnize marriages in Massachusetts, whereas
a Notary Public may not.
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👉 Visit the Massachusetts Justice of the Peace Association for
more information.
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🗸 Agencies
and Administrative Bodies (Issued by Hearing Officers)
Many Massachusetts administrative agencies — including DTA, DUA, DCF, and the
POST Commission — conduct adjudicatory proceedings in which subpoenas may be
issued in the name of the agency. These subpoenas are typically issued by the
agency’s hearing officers (also called administrative magistrates) pursuant
to their statutory or regulatory authority.
If you have a case pending before a Massachusetts agency, our notaries public
can issue subpoenas. You do not have to request one directly from the hearing
officer/agency.
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How
Subpoenas Are Enforced in Massachusetts
A subpoena is not a suggestion — it is a legally enforceable command. When a
person or business fails to comply, Massachusetts law provides several
enforcement mechanisms:
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1. Motion to Compel Compliance
The issuing party may file a motion asking the Superior Court to order
compliance. Courts routinely enforce subpoenas when they are properly issued
and served.
2. Contempt of Court
If a person ignores a subpoena after a court order, the judge may impose:
~ Fines
~ Sanctions
~ In extreme cases, arrest for civil contempt
3. Enforcement in Administrative Proceedings
State agencies may enforce administrative subpoenas only by applying to the
Superior Court for an order compelling compliance. Under M.G.L. c. 30A § 12, the petition is filed in the
Superior Court for the county where the proceeding is being conducted or
where the witness resides or is found. Like a notary public or justice of the
peace, a hearing officer or administrative magistrate has no authority to
enforce a subpoena without the court’s involvement.
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Why Proper Issuance Matters
A subpoena that is:
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⛔ incorrectly drafted
⛔ issued
by someone without authority
⛔ Served
improperly
⛔ Missing required language
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...can
be challenged or quashed. Using a qualified Massachusetts Notary Public who is
also a paralegal or attorney ensures the subpoena is valid, enforceable, and
court-ready.
IPS‑Notary prepares
subpoenas in compliance with:
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