Section 13A. If a certificate wherein a judge of a court of record in any state which by its laws has made provision for commanding persons within its borders to attend and testify in criminal actions, prosecutions and other criminal proceedings pending, or grand jury investigations and other proceedings commenced or about to commence, in this commonwealth certifies under the seal of such court that there is a criminal proceeding pending in such court, or that a grand jury investigation or proceeding has commenced or is about to commence within the jurisdiction of such court, that a person being within this commonwealth is a material witness in such proceeding or investigation and that his presence will be required for a specified number of days, is presented to a justice of the superior court sitting in and for the county, or the justice or a special justice of the district court in the judicial district, in which such person is, such justice or special justice shall make an order directing such person to appear at a time and place certain for a hearing upon the question of compelling his attendance at such proceeding or investigation.
If at the hearing the justice or special justice determines that the witness is material and necessary, that it will not cause undue hardship to the witness to be compelled to attend and testify in the proceeding or investigation in such other state, and that the laws of such other state and of any other state through which the witness may be required to pass by the ordinary traveled route will give to him protection from arrest and the service of process, civil or criminal, as provided in section thirteen C, he shall issue a summons, which term shall include a subpoena, order or other notice requiring the appearance of a witness in any state where such process is used in lieu of a summons, with a copy of such certificate attached, directing the witness to attend and testify in the court where the proceeding is pending, or before the grand jury before which the investigation or proceeding has commenced or is about to commence, at a time and place specified in the summons. At any such hearing such certificate shall be prima facie evidence of all the facts stated therein.
If in any such certificate it is recommended that the witness be taken into immediate custody and delivered to an officer of the requesting state to assure his attendance at such a proceeding or investigation therein, such justice or special justice may, in lieu of notification of the hearing, direct that such witness be forthwith brought before him for said hearing and the justice or special justice at the hearing, if satisfied of the desirability of such custody and delivery, for which determination such certificate shall be prima facie evidence of such desirability, may, in lieu of issuing a summons, order that said witness be taken into custody and delivered to an officer of the requesting state.
If a witness who is summoned as hereinbefore provided, after being paid or tendered by some properly authorized person the sum of ten cents a mile for each mile by the ordinary traveled route to and from the place where the proceeding is pending, or the grand jury investigation or proceeding has commenced or is about to commence, and five dollars for each day that he is required to travel and attend as a witness, fails without good cause to attend and testify as directed in the summons, he shall be punished in the manner provided for the punishment of a witness who disobeys a summons issued from a court of record of this commonwealth.
Structure Massachusetts General Laws
Part III - Courts, Judicial Officers and Proceedings in Civil Cases
Title II - Actions and Proceedings Therein
Chapter 233 - Witnesses and Evidence
Section 1 - Issuance of Summonses for Witnesses
Section 2 - Service of Summons
Section 3 - Witness Fees; Payment or Tender
Section 3a - Representation of Commissioner of Banks
Section 4 - Liability for Nonattendance
Section 5 - Penalty for Nonattendance; Contempt
Section 6 - Warrant for Nonattending Witness
Section 7 - Witnesses Before Executive Council
Section 8 - Bodies Authorized to Summon Witnesses; Oath
Section 9 - Warrant for Witness Failing to Attend Before Nonjudicial Tribunal
Section 10 - Enforcing Attendance Before Nonjudicial Tribunal
Section 11 - Requiring Testimony
Section 12 - Summons for Attendance at Criminal Trial Outside State
Section 13 - Penalty for Nonattendance Outside State
Section 13a - Attendance of Witnesses Outside State; Hearing and Summons; Failure to Attend
Section 13b - Attendance of Witness From Another State; Fees; Failure to Attend
Section 13c - Exemption From Arrest and Process of Witnesses From Outside State
Section 13d - Short Title; Construction of Law
Section 14 - Persons Authorized to Administer Oaths
Section 15 - Mode of Administering Oaths
Section 16 - Mode Requested by Affiant
Section 17 - Affirmation by Quakers
Section 18 - Affirmation for Reasons of Conscience
Section 19 - Oaths of Non–christians
Section 20 - Competency of Witnesses; Husband and Wife; Criminal Defendant; Parent and Child
Section 20a - Privileged Communications; Communications With Clergymen
Section 20b - Privileged Communications; Patients and Psychotherapists; Exceptions
Section 20c - Immunity From Prosecution; Privilege Against Self-Incrimination
Section 20d - Crimes Subject to Immunity
Section 20h - Contempt of Court; Punishment; Appeal
Section 20k - Domestic Violence Victims' Counselors; Confidential Communications
Section 20l - Confidentiality of Domestic Violence Victims' Program and Rape Crisis Center Locations
Section 21 - Proof of Conviction of Crime to Affect Credibility
Section 21a - Evidence of Reputation
Section 21b - Evidence of Sex Crime Victim's Sexual Conduct; Admission Hearing; Findings
Section 22 - Cross-Examination of Adverse Party; Corporation's Agent as Adverse Party
Section 23 - Impeachment of Party's Own Witness
Section 23a - Admissibility of Written or Recorded Statements of Party to Personal Injury Action
Section 23b - Accused; Statements Made While Undergoing Psychiatric Examination; Admissibility
Section 23f - Admissibility of Past Physical, Sexual or Psychological Abuse of Defendant
Section 24 - Depositions in Civil Cases Authorized
Section 24a - Medical Witnesses
Section 25 - Grounds for Deposition
Section 26 - Notice of Taking Deposition
Section 27 - Persons on Whom Notice May Be Served
Section 29 - Verbal Notice; Waiver of Notice, Etc.
Section 30 - Oath and Examination of Deponent
Section 31 - Order of Examination
Section 32 - Mode of Taking Deposition
Section 33 - Certification of Deposition
Section 34 - Delivery and Preservation of Deposition
Section 35 - Exclusion of Deposition
Section 36 - Objections to Deposition
Section 37 - Use of Deposition in Second Action
Section 38 - Compelling Giving of Deposition; Place
Section 39 - Place of Taking Deposition of Nonresident Found Within Commonwealth
Section 40 - Rules for Taking Depositions
Section 41 - Taking Deposition Outside Commonwealth
Section 42 - Written Interrogatories; Notice to Adverse Party; Production of Documents
Section 43 - Rules for Taking Depositions Outside of Commonwealth
Section 44 - Foreign Depositions Obtained Contrary to Statute
Section 45 - Deposition for Use in Another State
Section 46 - Application to Take Deposition to Perpetuate Testimony
Section 47 - Notice of Taking Deposition; Compelling Testimony
Section 48 - Objections to Taking Deposition; Procedure
Section 49 - Mode of Taking Deposition
Section 50 - Recording Deposition
Section 51 - Use of Deposition in Action
Section 52 - Perpetuation of Testimony of Nonresidents
Section 53 - Application to Perpetuate Testimony of Nonresidents
Section 54 - Notice of Taking Deposition
Section 55 - Issuance of Commission
Section 56 - Written Interrogatories
Section 57 - Rules for Perpetuation of Testimony of Witnesses Without Commonwealth
Section 58 - Use of Deposition
Section 59 - Perpetuation of Testimony for Use Against All Persons
Section 60 - Application for Deposition
Section 61 - Naming Persons Interested; Notice of Taking Deposition
Section 62 - Recording Deposition
Section 63 - Use of Deposition Against Any Person
Section 64 - Admissibility of Dying Declaration of Woman
Section 65 - Admissibility of Declaration of Decedent
Section 65a - Admissibility of Deceased Party's Answers to Interrogatories
Section 66 - Evidence in Actions Against an Executor or Administrator
Section 67 - Evidence in Equity
Section 68 - Proof of Signature to Attested Instrument
Section 69 - Records of Courts of Other States or United States
Section 70 - Judicial Notice of Foreign Law
Section 73 - Foreign Oaths and Affidavits
Section 74 - Evidence of Acts of Incorporation
Section 75 - Admissibility of Printed Copies of Acts of Legislative and Administrative Bodies
Section 76 - Admissibility of Authenticated Records of Governmental Departments
Section 76a - Authenticated Copies of Documents Filed With Securities and Exchange Commission
Section 77 - Authenticated Copies of Records of Banks and Trust Companies
Section 78 - Entry, Writing or Record Made in Regular Course of Business; Impeachment
Section 79a - Certified Copies of Public and Private Records
Section 79b - Fact Statements Published for Persons in Particular Occupation
Section 79c - Statements of Fact or Opinion in Scientific Publication; Notice of Intention to Use
Section 79d - Photographic Copies of Newspaper in Library; Prints From Photographic Films
Section 79e - Reproductions of Public or Business Records
Section 79f - Proof of Public Way
Section 79g - Medical and Hospital Services; Evidence
Section 79k - Duplicate of Computer Data File or Program File; Admissibility
Section 80 - Transcripts From Stenographic Notes
Section 81 - Criminal Proceedings; Out-of-Court Statements Describing Sexual Contact; Admissibility
Section 82 - Civil Proceedings; Out-of-Court Statements Describing Sexual Contact; Admissibility
Section 83 - Custody Hearings; Out-of-Court Statements Describing Sexual Contact; Admissibility