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Does a subpoena duces tecum and return of service get filed…

Customer Question
Does a subpoena duces...

Does a subpoena duces tecum and return of service get filed with the probate and family court in MA?

Lawyer's Assistant: Because laws vary from place to place, can you tell me what state this is in?

MA

Lawyer's Assistant: Has anything been filed or reported?

Yes, it's an active case with a Probate and Family docket number

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

No thank you

Submitted: 8 months ago.Category: Legal
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Answered in 7 minutes by:
10/4/2017
Lawyer: Law Educator, Esq., Attorney replied 8 months ago
Law Educator, Esq.
Category: Legal
Satisfied Customers: 125,296
Experience: JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

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Lawyer: Law Educator, Esq., Attorney replied 8 months ago

A subpoena or subpoena duces tecum, as part of the discovery process (and the proof of service) is not filed in the court as a general practice. The only time it is filed in court is if it is attached to a motion to compel or a motion for an order to show cause for contempt for not honoring the subpoena and in those cases you need to have the subpoena and proof of service to prove they were actually served to support your other motion and it is attached to your motion as proof.

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