Massachusetts Subpoena in an Adversary Proceeding - B 255

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This form is a subpoena in an adversary proceeding. The form must have the signature of the issuing officer and proof of service is required.

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FAQ

Under the laws of comity, the Massachusetts courts ask the other state's courts to help them and ensure that the discovery may be enforced by subpoena in the other state by submitting a letter rogatory. A letter rogatory is a particular request in the motion for a letter from the court where the matter now sits.

AUTHORIZATION TO ISSUE A SUBPOENA It may be submitted in-person, via email or via mail.

Under the laws of comity, the Massachusetts courts ask the other state's courts to help them and ensure that the discovery may be enforced by subpoena in the other state by submitting a letter rogatory. A letter rogatory is a particular request in the motion for a letter from the court where the matter now sits.

Service of a subpoena upon a person named therein shall be made by delivering a copy thereof to such person, or by exhibiting it and reading it to him, or by leaving a copy at his place of abode; and by tendering to him the fees for one day's attendance and the mileage allowed by law.

The signature to an instrument set forth in any pleading shall be taken as admitted unless a party specifically denies its genuineness. An allegation in any pleading that a place is a public way shall be taken as admitted unless a party specifically denies such allegation.

A written motion, other than one which may be heard ex parte, and notice of the hearing thereof shall be served not later than seven (7) days before the time specified for the hearing, unless a different period is fixed by these rules or by order of the court.

As amended, Rule 45(a) states that a subpoena may command a person, in addition to giving testimony, ?to produce designated documents, electronically stored information, or tangible things in that person's possession, custody or control; or to permit inspection of premises? and to do so ?at a specified time and place.? ...

Service of a subpoena upon a person named therein shall be made by delivering a copy thereof to such person, or by exhibiting it and reading it to him, or by leaving a copy at his place of abode; and by tendering to him the fees for one day's attendance and the mileage allowed by law.

(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.

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Massachusetts Subpoena in an Adversary Proceeding - B 255