Bill > H1646

This bill modifies Chapter 223A of Massachusetts General Laws by adding a new section that establishes a uniform process for obtaining and executing subpoenas from other jurisdictions. The legislation adopts the Uniform Interstate Depositions and Discovery Act, which provides a standardized framework for legal discovery across state lines. Key provisions include defining terms like "foreign subpoena" and "foreign jurisdiction", outlining the procedure for requesting a subpoena in Massachusetts for a legal proceeding in another state, and specifying how such subpoenas must be processed and issued. The bill requires parties seeking a subpoena to submit the foreign subpoena to a county court clerk along with a Massachusetts subpoena, contact information for all parties, and the appropriate filing fee. The subpoena must incorporate the terms of the original foreign subpoena and include case details. Attorneys licensed in Massachusetts can also issue subpoenas directly if they are retained for the out-of-state case. The bill mandates that existing Massachusetts Rules of Civil Procedure, specifically Rule 45, govern the service and handling of these interstate subpoenas. The new provisions will take effect on January 1, 2026, and will apply to discovery requests in cases pending on that date, providing a clear, uniform method for interstate legal discovery.

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https://malegislature.gov/Bills/194/H1646