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Massachusetts Uniform Rules on Subpoenas to Court Officials Rule 3: Subpoena Duces Tecum for Records of the Office of the Commissioner of Probation

[Disclaimer]

1) A party shall not be entitled to serve a subpoena duces tecum on the official keeper of records [Note] for the Office of the Commissioner of Probation and said official shall not be required to respond to such a subpoena.

2) A party shall be entitled to access to records of the Office of the Commissioner of Probation only as provided by statute or court order. A party seeking a court order permitting access to records of the Office of the Commissioner of Probation shall request such an order from the court in which the underlying matter is pending by written motion which shall specify the purpose(s) for which access to such records is sought. Except for good cause shown, a copy of such motion shall be served on the official keeper of records for the Office of the Commissioner of Probation.

3) A court order granting a party access to records of the Office of the Commissioner of Probation shall (1) require the party to supply to the Office of the Commissioner of Probation sufficient personal identifiers (e.g. name, address, date of birth) for each record requested so that probation central file personnel can narrow each request down to one record, (2) direct the official keeper of records for the Office of the Commissioner of Probation to provide the party with attested copies of said records, and (3) specifically limit the party's use of the attested copies of such records and the information contained therein to the purpose(s) for which access was granted.


[Note] For purposes of this rule "records" shall mean the Court Activity Record Information (CARI) contained in the Probation Central File.

As added, effective September 1, 1992