Subpoenas

What is a subpoena?

A subpoena (pronounced “suh-pee-nah”) is an official notice that requires a person to come to court to testify and be a witness. The subpoena can also require the person to bring certain documents. For example, in a child support case, you may want to use the opposing party’s bank records to prove that he is capable of providing support. If you do not have access to those records yourself, you may choose to subpoena the bank records. The bank would then have to come to court with the documents you requested.

How can a subpoena help me?

Sometimes you need the testimony of someone who would not voluntarily come to court. Sometimes documents you do not have access to may strengthen your case.  Serving a subpoena may provide the evidence you need to make a strong case in court.

How do I serve a subpoena?

You do not need to be a lawyer or a public official to serve a subpoena.   However, in order for a subpoena to be effective in making sure your witness comes to court, it must be served properly.    Here are the steps:

1. Click to get a blank subpoena form. You can fill out this form at a computer.
2. Look at the sample subpoena form to see how to fill it out.
3. Figure out how much the “witness fee” will be in your case.   The witness fee in Massachusetts is $6.00 for each day that the witness attends court plus a travel expense of 10 cents per mile to and from the witness’ home and the court.   If the witness has a place of business or employment in the city or town where the court is located, then the 10 cents per mile is measured from where the witness works to the court.  The witness fee and travel expense for one day’s attendance at court must be given to the witness in advance.  You can estimate the mileage.  (More on this in step 10)
4. If what you really want is a document like pay records, you can arrange with  payroll person to send a "certified true and complete copy of the record" to you or to the court, instead of going to court in person.
5. Look up the address of the person you want to subpoena.  If you want wage records, look up the other parent's work place in the phone book. Call them and get the address, and find out who is in charge of the payroll records (also called the “Keeper of the Records.”)
6. Using the address and the name, fill out a subpoena form. When filling out the form, include what you are requesting, the person you are requesting it from, which court that person needs to go to, when that person needs to be there, and the name of your case. Look at our sample subpoena.
7. Take your filled out subpoena to any notary public. There is usually a notary public at your local City Hall or bank. The notary should notarize the subpoena with her stamp for free or for a few dollars. The subpoena must be notarized.
8. Make two photocopies of the notarized subpoena form and the attached affidavit of service. The blank affidavit of service is on the second page of the blank subpoena form.
9. Have a friend who is over eighteen (and who is not a witness for your case or related to the person you are serving) take the copies of the subpoena to the other parent's work place.  Give your friend the "witness fee" amount, to give to the witness. Your friend has to fill out all three copies of the affidavit of service (the statement attached to the subpoena which says she served it).  A sample affidavit of service is on the second page of our sample subpoena.   The amount of the witness fee goes on the back of the affidavit of service.
10. Your friend then hands one copy of the subpoena and affidavit of service to the person (the receptionist of the company, if you are looking for wage records) and tells them it is a subpoena.
11. Your friend also hands the witness fee to the person who was handed the subpoena.
12. Bring the original and second copy of the subpoena and affidavit of service with you when you go to court.  That is in case you need to show that the witness was properly subpoenaed.

You can also use a deputy sheriff or constable to serve a subpoena. This may make the process easier, but it will also cost money.  Using a deputy sheriff or constable might help you be sure that it will be done properly.

What if what I really need is documents, such as wage records?

If you are serving someone because you want documents (such as wage records), you may not really need the person to appear in court. You can attach a letter to the subpoena telling the person that they can send the documents instead of going to court.   Look at a sample of such a letter because the letter shows that there are important requirements that the witness must do if he or she is not going to appear in court with the records in person.

What if I can’t afford to serve a subpoena?

It costs money to serve a subpoena. Costs include a witness fee, and a service fee if you use a deputy sheriff or constable. If you can't afford the costs, you can ask the state to pay the service and witness fees. You will need to fill out a form called an “Affidavit of Indigency” and possibly a second form called a “Supplement to the Affidavit of Indigency”.   You use these forms to show that your income is low and that you are eligible to have the state pay the cost of serving the subpoena.  On the Affidavit of Indigency form, in Section 2, you check the box for serving a subpoena and write the cost.  Remember that if you have a friend serve the subpoena, you do not have to pay the service fee.