Legal Question in Civil Litigation in Massachusetts

Ever since I became a Notary Public....

Ever since I became a notary public in Massachusetts, I've received a few calls from law offices out of state (i.e., CA this morning) asking me if I could issue a subpoena for them because they have a pending case in their State and they need documents from a business in MA.

If I don't have a docket number from a Massachusetts court, how can I issue a subpoena? If the Massachusetts business fails to comply, what court will enforce it?

Thanks,

Michelle


Asked on 7/08/08, 1:07 pm

1 Answer from Attorneys
Edward Wiest Edward R. Wiest, PC

Re: Ever since I became a Notary Public....

Absent a court order in the forum state(letters rogatory or commission), requesting the assistance of Massachusetts state courts in procuring documents from Massachusetts businesses, and the commencement of an action in Massachusetts for the purpose of obtaining discovery and (in effect) enforcing a demand for production of documents, presumably through a deposition, a subpoena signed by a notary (or any other authorized officer) is without legal effect.

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Answered on 7/08/08, 1:56 pm


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