Legal Question in Family Law in Massachusetts

Can a subpoena be issued in MA for DE?

Can a justice of the peace, clerk of court or notary public sign a subpoena duces tecum ordering the production of documents from a business in Deleware?

How could I obtain business records from a company in DE if my case is being heard in Massachusetts by the Probate and Family Court?


Asked on 6/13/08, 12:52 pm

1 Answer from Attorneys

Gregory Lee Gregory P. Lee, Attorney at Law

Re: Can a subpoena be issued in MA for DE?

If the company has a business presence in Massachusetts, a subpoena issued and properly served on its local agents or address should obtain the records. However, many companies will balk (good corporate citizenship claims do not always seem to apply when protecting their employees and customers).

In addition, some may attempt to charge a fee for the research or copying necessary to comply with the subpoena, and those charges can be very hefty. Some fee is not unreasonable, if it gets what you need. However, apparently in the day and age of the computer and digitally stored, computer-indexed documents, it takes hundreds of dollars worth of man-hours to key in a request and run a print.

In short, you should be prepared for foot-dragging and costs.

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Answered on 6/13/08, 1:18 pm


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