Obtaining out-of-state discovery for Massachusetts state court cases can be a cumbersome (and expensive) process. Despite the costs involved, securing deposition testimony or documents from third-party witnesses in foreign states may be necessary. Counsel must understand the steps needed to obtain deposition testimony from individuals outside of Massachusetts because they will not be subject to a state court trial subpoena. Do not wait until discovery has closed; learn the steps to obtain out-of-state discovery for actions pending the Commonwealth.