Legal Question in Civil Litigation in Massachusetts

Massachusetts deposition and the notarys role.

If a notary public issued a subpoena for a witness to attend a deposition, but the witness fails to obey the notary's subpoena, can the notary public do anything about it?

I know in Ohio, a notary public has the power to punish a person with contempt if the person fails to appear before them.

Can a notary public ''punish'' a person by holding them in contempt?

Can the notary public, after issuing a subpoena, then turn around and issue a warrant for the person who refused to, or failed to appear?

How does this work?


Asked on 11/10/08, 7:23 pm

4 Answers from Attorneys

henry lebensbaum Law Offices of Henry Lebensbaum (978-749-3606)

Re: Massachusetts deposition and the notarys role.

The notary cannot, but the party seeking the deposition can.

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Answered on 11/11/08, 2:58 pm
Joseph Murray Joseph M. Murray, Esq.

Re: Massachusetts deposition and the notarys role.

It is the attorney who issued the subpoena, not the notary, unless they are the same person, who can petition the court to hold one in contempt or issue a bench warrant for failing to obey the subpoena. Consider retaining an attorney to discuss such options as seeking a protective order from the court.

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Answered on 11/11/08, 5:56 pm
Joseph Murray Joseph M. Murray, Esq.

Re: Massachusetts deposition and the notarys role.

It is the attorney who issued the subpoena, not the notary, unless they are the same person, who can petition the court to hold one in contempt or issue a bench warrant for failing to obey the subpoena. Consider retaining an attorney to discuss such options as seeking a protective order from the court.

Read more
Answered on 11/11/08, 5:56 pm
Joseph Murray Joseph M. Murray, Esq.

Re: Massachusetts deposition and the notarys role.

It is the attorney who issued the subpoena, not the notary, unless they are the same person, who can petition the court to hold one in contempt or issue a bench warrant for failing to obey the subpoena. Consider retaining an attorney to discuss such options as seeking a protective order from the court.

Read more
Answered on 11/11/08, 5:56 pm


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