The Supreme Judicial Court recently amended Rule 45 of the Massachusetts Rules of Civil Procedure, effective as of April 1, 2015. The most significant change in the amended Rule 45 is the allowance of "documents only" subpoenas to non-parties. Previously, if only documents were sought from a non-party, Massachusetts practice involved serving a deposition subpoena that agreed to "waive the appearance" of the non-party at the deposition if the documents were produced. Consistent with the federal practice, now Massachusetts practitioners can serve a "documents only" subpoena when only documents are needed. The last line of Rule 45(b) makes clear that "[a] person commanded to produce documents, electronically stored information, or tangible things, or to permit inspection of premises, need not appear in person at the place of production or inspection unless also commanded to appear for a deposition, hearing, or trial."
Earlier this month, the Supreme Judicial Court announced an interim procedure to implement Chapter 254 of the Acts of 2014 -- i.e., a new statute, effective February 2, 2015, which grants attorneys and self-represented litigants the opportunity to participate in juror voir dire in the Massachusetts Superior Courts. The procedure is set out in Superior Court Standing Order 1-15: Participation in Juror Voir Dire by Attorneys and Self-Represented Parties, and it takes effect on February 2, 2015.