How many days in advance must a subpoena be served for a testimony in a civil case trial?

At my previous job, there was a customer slip and fall. The customer is suing my
former employer. I have already given a deposition under oath. It had been
brought to my attention by the lawyers representing my former employer that the
case is going to trial. I told them that I would prefer not to be a part of this
as I am the primary care taker for my children, being responsible for getting
them to and from school. As well as having an work event booked the day of the
trial for my company that I run now. The attorneys representing my former
employer told me that the plaintiff’s attorney plan on serving me with a
subpoena. The trial is now in just 4 days and I have not been served yet. To me
this would seem as unreasonable steps to avoid imposing undue burden. Could they
serve me with a subpoena the day before a civil trial or is it required that I
need to be served with a set amount of days in advance in Massachusetts? Thanks

Asked on January 24, 2019 under Personal Injury, Massachusetts


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 1 year ago | Contributor

Under MA court rules, a subpoena to appear and testify at trial must be served on you at least 10 days prior to the trial--if the time is shorter than that, it was not served properlty or legally and therefore would not be effective or enforceable against you.

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