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Method of Service and Due Date of Responses Unless otherwise ordered by the court, responses to requests for production or inspection are due within thirty (30) days of service of the request. A defendant may serve a response within forty-five (45) days after service of the summons and complaint upon that defendant.
A third party may move to quash or modify a subpoena, or for a protective order to limit the obligations under the subpoena. The procedure for filing motions to quash, modify, or for a protective order varies based on the court, but generally, courts require parties to file such motions before the return date.
Follow Federal Rules of Civil Procedure Rule 45(b). Pursuant to Rule 45(d)(2)(B), the party has 14 days to respond after service of the subpoena, or the party must respond before the time specified for compliance in the subpoena if it is less than 14 days.
(a) Form; Issuance. (1) Every subpoena shall. (A) state the name of the court from which it is issued; and. (B) state the title of the action, the name of the court in which it is pending, and its civil action number; and.
Rule 45(d) provides the mechanism for using a subpoena to compel the attendance of a witness at a deposition. It also permits the subpoena to be used to compel the deponent to produce at the deposition designated papers, documents, books or tangible things.
If the Plaintiff did not give you the documents you asked for in Discovery, you can use a Motion to Compel to ask the judge to order the Plaintiff to give you the documents. To learn more about discovery, visit .masslegalhelp.org and search ?What is Discovery?? and ?Request for Production of Documents.?
Issuing a deposition subpoena in a civil case does not require a court order. Lawyers who are public notaries are authorized by the Massachusetts General Laws and the Massachusetts Rules of Civil Procedure and Domestic Relations Procedure to issue subpoenas in civil cases.
Requests for the Production of Documents are a discovery device used by a party to enable the individual to learn the facts that are the basis for, or support, a pleading with which he or she has been served by the opposing party.