Massachusetts General Laws

Mass. Gen. Laws ch. 233, § 1 (2026)

Issuance of summonses for witnesses

✓ current as of July 2026

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Section 1. A clerk of a court of record, a notary public or a justice of the peace may issue summonses for witnesses in all cases pending before courts, magistrates, auditors, referees, arbitrators or other persons authorized to examine witnesses, and at all hearings upon applications for complaints wherein a person may be charged with the commission of a crime; but a notary public or a justice of the peace shall not issue summonses for witnesses in criminal cases except upon request of the attorney general, district attorney or other person who acts in the case in behalf of the commonwealth or of the defendant. If the summons is issued at the request of the defendant that fact shall be stated therein. The summons shall be in the form heretofore adopted and commonly used, but may be altered from time to time like other writs.

Notes of Decisions

Cited in 5 cases, 1927–2013 · leading case: Commonwealth v. Odgren, 915 N.E.2d 215 (Mass. 2009).

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Commonwealth v. Odgren, 915 N.E.2d 215 (Mass. 2009). · cites it 7× “General authority for issuing subpoenas in criminal cases is granted by G. L. c. 233, § 1 15 ; G. L. c. 277, § 68 (see note 8, supra); and Mass.”

Commonwealth v. Mitchell, 444 Mass. 786 (Mass. 2005). “” Nor is leave of the court independently required under G. L. c. 233, § 1, for a notary public or justice of the peace to issue a summons requested by a defendant, or a defendant’s counsel, commanding a witness to appear at a hearing or trial, and, inferentially, to bring into…”

Preventive Med. Assocs., Inc. v. Commonwealth, 992 N.E.2d 257 (Mass. 2013). “Authority for issuing subpoenas in criminal cases is granted by G. L. c. 233, § 1; G. L. c. 277, § 68; and Mass.”

Dana v. Dana, 157 N.E. 623 (Mass. 1927). “But it is provided by G. L. c. 233, § 1, that in civil cases on application of a party “A clerk of a court of record, a justice of the peace or a special commissioner may issue summonses for witnesses in all cases pending before courts, magistrates, auditors, referees,…”

Commonwealth v. Bright, 25 Mass. L. Rptr. 233 (Mass. Super. Ct. 2008). “Although section 68 does not expressly provide for subpoenas duces tecum, it has traditionally been interpreted to permit them.”

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