What is the name of your state? Massachusetts
I am the plaintiff in a case in California Superior Court.
I have not been successful learning the process to obtain a valid
subpoena to require a Mass. business to produce business records on a
customer. They won't respond to the Cali. subpoena.
I am aware of this Mass. Civil Case statute:
Chapter 223A: Section 11. Discovery within commonwealth for
proceedings outside commonwealth
Section 11. A court of this commonwealth may order a person who is
domiciled or is found within this commonwealth to give his testimony
or statement or to produce documents or other things for use in a
proceeding in a tribunal outside this commonwealth. The order may be
made upon the application of any interested person or in response to a
letter rogatory and may prescribe the practice and procedure, which
may be wholly or in part the practice and procedure of the tribunal
outside this commonwealth, for taking the testimony or statement or
producing the documents or other things. To the extent that the order
does not prescribe otherwise, the practice and procedure shall be in
accordance with that of the court of this commonwealth issuing the
order. The order may direct that the testimony or statement be given,
or document or other thing produced, before a person appointed by the
court. The person appointed shall have power to administer any
My question is, how do I go about applying to the court to be issued a
subpoena for the production of business records (or subpoena duces
tecum is a deposition is required in Mass.)
Normally, this is a question a clerk can answer, however, when I tried
calling the clerk in the county the business is in, she said I was
asking for legal advise, and didn't answer. I disagree, this is a
procedurer question which clerks in my experience can answer, but I'm
not having any luck getting this information from a Mass. court.
I'm hoping that someone may have some experience in this matter. I can
obtain the Letters Rogatory and Commission letter from a Cali. Court
with no issue.
P.S. Business is in Waltham. Looking for a subpoena to be issued from
the district court in Waltham.