Massachusetts is one of the few states that has not adopted the Uniform Interstate Depositions and Discovery Act (UIDDA), meaning foreign subpoenas are not automatically recognized here. Instead, attorneys and parties must follow specific statutory procedures under:

• G.L. c. 223A § 11 – Authorizes Massachusetts courts to order testimony or document production for use in an out-of-state proceeding.
• G.L. c. 233 § 45 – Governs deposition subpoenas issued in Massachusetts for proceedings in another state.

Additionally, bills H 1646, H 1765, H 1857, and SD 2673 are pending in the Massachusetts Legislature to modernize and streamline the process, potentially moving toward UIDDA-like efficiency.

Current Procedure

1. Filing the Application

You must file an application in the Superior Court for the county where discovery is sought. The application should include:

• Certified copy of the foreign subpoena or court order from the originating jurisdiction.
• Completed Massachusetts blank subpoena in the format required by Rule 45.
• Contact information for all counsel and parties, including addresses, phone numbers, and emails.
• Filing fee – Fees vary by county, generally ranging from $5 to over $100, depending on the nature of the request.

2. Issuance of the Subpoena

The clerk of court reviews the filing, ensures compliance, and issues the Massachusetts subpoena. The subpoena will have the same force and effect as if issued in a Massachusetts action.

3. Service of the Subpoena

The subpoena must be served in compliance with Massachusetts Rule of Civil Procedure 45.
Countrywide Process assists with:

• Ensuring the correct document is used and filed with the court.
• Arranging service through vetted and Professional Massachusetts Process Servers for compliance and proof of service.
• Tendering witness and mileage fees when required.

4. Objections & Enforcement

Recipients may move to quash, modify, or enforce under Rules 26(c) and 45(d)(1). All motions are handled by the court in the issuing county.

Why Countrywide Process Is Your Massachusetts Advantage

• We know the county-specific requirements that often delay filings.
• We coordinate directly with the clerk’s office to expedite issuance.
• We handle professional-grade service to ensure compliance and admissibility.
• We stay on top of pending bills (H 1646, H 1765, H 1857, SD 2673) to adapt your strategy as soon as changes occur.

Conclusion

Until Massachusetts enacts a more streamlined process, following M.G.L. c. 223A § 11 and M.G.L. c. 233 § 45 precisely is essential. Working with a professional service like Countrywide Process ensures your subpoena is filed correctly, issued without delay, and served properly—keeping your case on track.

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