how to file a criminal subpoena in massachusetts

Daniel Parker

3 min read

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17-01-2025

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Obtaining evidence for a criminal case often requires the use of a subpoena. This legal document compels an individual to appear in court or produce specified documents. Understanding the process of filing a criminal subpoena in Massachusetts is crucial for ensuring the smooth progression of your case. This guide will walk you through the necessary steps.

Understanding Massachusetts Criminal Subpoenas

Before diving into the filing process, let's clarify what a criminal subpoena is and its different types. In Massachusetts, a criminal subpoena is a court order requiring a person to appear in court to testify or to produce documents, such as records, emails, or other evidence relevant to a criminal case. There are two main types:

• Subpoena ad testificandum: This compels a witness to appear in court to give testimony.
• Subpoena duces tecum: This requires a person or entity to produce specific documents or other tangible evidence.

It’s important to note that both types can be combined in a single subpoena.

Who Can Issue a Criminal Subpoena in Massachusetts?

Only authorized individuals can issue criminal subpoenas. This typically includes:

• Prosecutors: Assistant District Attorneys (ADAs) have the authority to issue subpoenas in cases they are prosecuting.
• Law Enforcement: Police officers may sometimes have the authority to issue subpoenas, but this is often subject to specific circumstances and guidelines. They usually work closely with the prosecutor’s office.
• Attorneys representing victims: In some limited circumstances, attorneys representing victims or their families may request a subpoena, but generally work through the appropriate legal channels.
• The Court: The court itself can issue subpoenas upon request from a party involved in the case.

It's crucial to ensure the individual issuing the subpoena has the legal authority to do so. Attempting to issue a subpoena without proper authority could result in legal repercussions.

Steps to File a Criminal Subpoena in Massachusetts

The specific procedures for filing a criminal subpoena can vary depending on the court and the specific details of the case. However, the general steps are as follows:

1. Draft the Subpoena: The subpoena must clearly identify the individual or entity being subpoenaed, the court where they must appear, the date and time of the appearance, and the specific documents or testimony required. It should also include the case name and number. It's highly recommended to use a pre-approved template from the court. Incorrectly filled subpoenas will be rejected.

2. Obtain Court Approval (Often Required): In most cases, you will need to seek approval from the court before issuing the subpoena. This involves filing a motion with the court, explaining why the subpoena is necessary and providing evidence that the requested information is relevant to the case. This step helps ensure that subpoenas are not issued frivolously or improperly.

3. File the Subpoena with the Court: Once the subpoena is drafted and approved (if required), it must be filed with the appropriate court clerk. This usually involves providing multiple copies – one for the court, one for the witness, and one for your records. The clerk will officially stamp and file it.

4. Serve the Subpoena: This is a critical step. The subpoena must be served personally on the individual or entity named in the document, by an authorized process server. Proper service of process ensures the validity of the subpoena. Improper service can jeopardize the legal standing of the subpoena and potentially the entire case. Specific rules exist for service, including requirements on who can serve it.

5. Follow-up and Enforcement: If the subpoenaed individual fails to comply, you may need to seek enforcement from the court. This could involve contempt of court charges.

Important Considerations

• Relevance: The requested information must be relevant to the criminal case. Irrelevant requests can be challenged and rejected.
• Specificity: The subpoena must be specific in its requests for documents or testimony. Vague requests are likely to be unsuccessful.
• Privileged Information: Subpoenas cannot compel the production of privileged information, such as attorney-client communications.
• Legal Representation: If you are facing a criminal subpoena, it is essential to seek legal counsel immediately. An attorney can advise you on your rights and obligations.

Seeking Legal Assistance

Filing a criminal subpoena in Massachusetts is a complex legal process. The information provided here is for general guidance only and should not be considered legal advice. Always consult with an experienced Massachusetts criminal defense attorney or prosecutor to ensure you comply with all applicable laws and regulations. Incorrectly filed subpoenas can cause significant delays and difficulties in your case. They may even lead to the dismissal of evidence and possible sanctions.