Massachusetts Criminal Procedure Rule 17, effective July 1, 1979, governs the issuance and service of summonses for witnesses in District and Superior Court criminal cases. Drawing from Federal Rule of Criminal Procedure 17 and longstanding state practice, it balances the need for compulsory process with practical safeguards for courts, parties, and witnesses.
Under subdivision (a), a clerk or authorized person issues a summons commanding a witness to attend and testify at a specified time and place. The summons may also require production of books, papers, documents, or other objects. Courts retain authority to quash or modify overly burdensome demands and may order early production so parties can inspect materials before trial, without allowing the process to circumvent discovery limits under Rule 14.
Subdivision (b) protects indigent defendants. Upon a written ex parte application showing that a named witness is necessary to an adequate defense and that the defendant cannot pay the fees, the court must order issuance of the summons at public expense. Costs are later assessed against the defendant according to statute. This provision responds to the constitutional right to compulsory process and the Supreme Judicial Court’s decision in Blazo v. Superior Court.
Payment rules in (c) ensure that witnesses summoned for indigent defendants or the Commonwealth receive compensation for travel and attendance after filing a written certification of expenses. Service under (d) is flexible: any person authorized to serve civil or criminal process may deliver the summons personally, leave it at the witness’s residence with a suitable person, or mail it to the last known address. Service is valid anywhere in the Commonwealth; out-of-state service follows applicable General Laws. The server must file a return of service.
Finally, subdivision (e) provides enforcement: if a properly noticed witness fails to appear, the court may issue a warrant.
Reporter’s notes emphasize that “summons” here encompasses both traditional summonses and subpoenas, and that the rule implements Sixth Amendment and state constitutional guarantees of compulsory process. By clarifying issuance, payment for indigents, flexible service, and sanctions for nonappearance, Rule 17 helps ensure that both the Commonwealth and defendants—especially those of limited means—can secure the presence of necessary witnesses and evidence, promoting fairer criminal trials.