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 those individuals 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 in the Commonwealth.