Rule 45.Subpoena
Part VI. Trials · Last verified September 4, 2026
Full Text of Rule 45
Plain-English Summary
Rule 45 is markedly shorter than its civil counterpart, which carries an elaborate protective apparatus this ruleset does not. What is here is the core.
Who issues one
Every subpoena is issued by the clerk of court, a notary public, or a justice of the peace. It states the name of the court and the title of the action and commands each person to attend and give testimony at a stated time and place. Any of the three may issue a subpoena — or a subpoena for the production of documentary evidence — signed but otherwise in blank, to a party who fills it in before service.
The notary route is worth knowing. It means a subpoena can be obtained outside court hours and without a trip to the clerk's office.
Documents
A subpoena may also command production of books, papers, documents or tangible things. On a motion made promptly and in any event at or before the compliance time, the court may quash or modify it if unreasonable and oppressive, or condition denial of the motion on the subpoenaing party advancing the reasonable cost of production.
Service and fees
Service is by any person who is not a party and is at least 18. It is made by delivering a copy, or by exhibiting and reading it to the person, or by leaving a copy at their place of abode — and by tendering the fees for one day's attendance and the mileage allowed by law. Where the subpoena issues on behalf of the United States, the Commonwealth, a political subdivision or an officer or agency of either, no fees or mileage need be tendered.
Deposition subpoenas, and the two distance limits
No deposition subpoena issues before the notice of deposition has been served. A deposition subpoena may command production, in which case it is subject to Rule 26(c) and to subsection (b).
Two timing rules apply to a subpoena on a party deponent commanding production: at least thirty days for compliance after service, and no compliance required of a defendant within 45 days after service of the summons and complaint. The recipient may serve written objection within 10 days of service — or by the compliance date if that is sooner — and if objection is made, the serving party may not inspect or copy except by order of the issuing court.
Subsection (d)(2) sets the geography. Unless the court orders otherwise, a resident of the Commonwealth need not attend an examination more than 50 airline miles from whichever of residence, place of employment or place of business is nearest the place to which they are subpoenaed. A non-resident served within the Commonwealth may be required to attend only in the county of service, within 50 airline miles of the place of service, or at another convenient place fixed by court order.
A hearing or trial subpoena may be served anywhere within the Commonwealth. Failure to obey without adequate excuse may be deemed a contempt of the court in which the action is pending.
Frequently Asked Questions
Who can issue a subpoena in a Massachusetts domestic relations case?
The clerk of court, a notary public, or a justice of the peace. Any of them may issue a subpoena, or a subpoena for the production of documentary evidence, signed but otherwise in blank, to a party requesting it, who fills it in before service.
How far can a witness be made to travel?
Unless the court orders otherwise, a resident of the Commonwealth need not attend an examination more than 50 airline miles from whichever of their residence, place of employment or place of business is nearest to the place to which they are subpoenaed. A non-resident served within the Commonwealth may be required to attend only in the county where served, within 50 airline miles of the place of service, or at another convenient place fixed by court order.
Do I have to tender witness fees?
Yes, as part of service. Rule 45(c) requires service by delivering a copy, or exhibiting and reading it, or leaving a copy at the person's place of abode, and by tendering the fees for one day's attendance and the mileage allowed by law. No tender is needed where the subpoena issues on behalf of the United States, the Commonwealth, a political subdivision, or an officer or agency of either.
How long does a party have to respond to a deposition subpoena for documents?
At least thirty days after service, and no compliance may be required of a defendant within 45 days after service of the summons and complaint on that defendant. The court may allow a shorter or longer time.
How do I object to a subpoena for documents?
Rule 45(d)(1) allows the person to whom it is directed to serve written objection on the attorney designated in the subpoena within 10 days after service, or by the time specified for compliance if that is less than 10 days after service. If objection is made, the serving party is not entitled to inspect and copy except pursuant to an order of the court from which the subpoena issued.
When can a subpoena be quashed?
Rule 45(b) allows the court, on motion made promptly and in any event at or before the time specified for compliance, to quash or modify a subpoena for documents if it is unreasonable and oppressive, or to condition denial of the motion on the subpoenaing party advancing the reasonable cost of producing the materials.