Legal Question in Personal Injury in Massachusetts

subpoena for records

Can a party in a state civil action issue a subpoena to a post office or Mass Highway Dept for employee records? Under what authority?


Asked on 10/16/08, 12:31 pm

3 Answers from Attorneys

Craig J. Tiedemann Kajko, Weisman & Colasanti, LLP

Re: subpoena for records

You might also consider making a public records request under the Massachusetts statute, G.L. c. 66, s 10(a). If interested in learning more, go to Mass.gov and type in "public records request" as the search term. Open the pdf Guide to Public Records requests listed among the results. Make your request specific and pointed as to what you want to obtain and you'll be more likely to get responsive records than through a generalized request.

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Answered on 10/16/08, 8:23 pm

Re: subpoena for records

Post office no. State DPW yes. Might be problems with confidentiality as to personnel records, depends whose they are (a party, a witness) depending on how serious this issue might be. There is a federal law regarding post office records, if you care enough you can hire an attorney to do some research for you. You may want to look at Rule 45 of the Massachusetts rules of civil procedure. Regards, John Stewart.

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Answered on 10/16/08, 12:36 pm
henry lebensbaum Law Offices of Henry Lebensbaum (978-749-3606)

Re: subpoena for records

The Mass highway department is easy, the post office is hard.

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Answered on 10/17/08, 9:49 pm


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