Legal Question in Wills and Trusts in Massachusetts

I'm challanging my mother will because my brother patrick cannot be trusted. I subpoena his bank records from CT Bank because of statements he made during his deposition. The bank refuse to comply because they are not bound by any court in Massachusetts..So my question is how do I enforce the subponea without going to CT Court.? Any help would be helpful.


Asked on 5/27/10, 6:41 pm

1 Answer from Attorneys

Alan Fanger Alan S. Fanger, Esq.

Thanks for your question. If the bank claims it is not subject to jurisdiction in the Massachusetts courts, you have two options:

1. You could research whether this is in fact the case, and if you find anything to suggest that the bank has any kind of presence or contact with Massachusetts, then bring a motion with the court to compel compliance with the subpoena.

2. If your research suggests that the bank's position is correct, you would have to bring a motion to have the MA court issue what is known as a "letter rogatory" to the corresponding court in the state where the bank is headquartered. When that order issues, you would then have to file a corresponding petition in the out-of-state court and have that served on the bank. The out-of-state-court should then issue the subpoena, which would then serve on the bank.

Please contact me if you wish to discuss this further.

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Answered on 5/28/10, 5:58 am


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