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Massachusetts Civil Process & Constable Services

Witnesses and records

Massachusetts Subpoena Service

Submit the issued subpoena, the event or production date, the witness or records custodian and any fee-tender instructions. We review the subpoena type, timing and location before accepting the assignment.

Illustration: a constable presents a document to a records clerk across an office counter.

What this service is

In Massachusetts civil actions, a subpoena is issued by a clerk, a notary public or a justice of the peace, and Rule 45(c) provides that it may be served by any person who is not a party and is at least 18 years old. Service methods listed in the rule include delivering a copy to the witness, exhibiting and reading it, or leaving a copy at the witness’s last and usual place of abode.

When attendance is commanded, the rule ties service to tendering fees for one day’s attendance and mileage. Witness fees are set by statute (G.L. c. 262, § 29); we ask you to tell us the amount to be tendered and how it will be provided. Federal subpoenas follow Fed. R. Civ. P. 45, which also requires tender of one day’s fee and mileage when attendance is required.

What to provide

  • The issued subpoena (signed by the issuing clerk, notary public or justice of the peace, or by counsel for a federal subpoena)
  • Any schedule, notice of deposition or records request that must accompany it
  • The hearing, deposition or production date, time and place
  • Witness-fee and mileage instructions, including the check or funds to be tendered when attendance is required
  • For records subpoenas: the organization, the custodian if known, and confirmation that prior notice to the parties has been handled as required

Forms for this service

Download the blank PDF, or fill it in your browser and download a completed copy. Signature, issuer and notary sections are completed by hand.

Templates are general forms, not legal advice. Each form page explains who signs it and how. Browse the full Document Center.

Related forms in the Document Center

Who typically requests it

  • Attorneys and paralegals
  • Out-of-state firms with Massachusetts witnesses
  • Self-represented parties with an issued subpoena

How intake works

  1. Step 1

    Complete the subpoena service form

    Answer the questions for this document and upload the complete set. You can save and finish later.

  2. Step 2

    Receive your reference number

    You and Civil Constable both receive an email confirmation. Your request is now in the review queue — not yet accepted.

  3. Step 3

    Review

    We check that the subpoena appears to be issued and complete, that the event date leaves enough time for service, that fee-tender instructions are present where attendance is required, and that the witness or custodian is identifiable at the address provided.

  4. Step 4

    Scope, quote and authorization

    If the assignment can be accepted, you review and authorize the written scope and quote in your portal. Work begins after authorization.

  5. Step 5

    Attempts and completion record

    Attempts follow the accepted plan. You receive status updates and the applicable return or completion record.

Important limitations

  • We serve subpoenas that have already been issued. We do not issue subpoenas or decide what they should command.
  • We do not advise on objections, privilege, protected records (such as medical records) or the place of compliance.
  • Witness fees and mileage must be supplied by the requester when required.