How do I get documents that I need in an equity case before the probate court from third parties and the defendent?

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How do I get documents that I need in an equity case before the probate court from third parties and the defendent?

My understanding is that I send the third parties some sort of subpoena form and tell them they can either bring the documents to the next hearing or deliver them before? Is that correct? Who has to serve the subpoenas? What record do I need that it was served?

Asked on June 11, 2012 under Family Law, Massachusetts

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

The documents that you want provided by a third party concerning the probate case that you are writing about need to be set out in a subpoena duces tecum (typically pre-printed forms) where you check the boxes and fill in the needed information.

Such forms can be obtained from your county law library. Once the subpoena duces tecum is completed and signed by you, it is served by a process server who then submits a proof of service of the document to you for your records. Hopefully the third party complies with the subpoena request by the date stated for production on the served document.


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