Commonwealth v. Odgren

We consider whether the Commonwealth, in a criminal case, may seek the production of records from a third party in advance of trial or an evidentiary hearing by issuing a subpoena duces tecum directly to the party under G. L. c. 277, § 68, or whether it must first obtain judicial approval, pursuant to Mass. R. Crim. P. 17 (a) (2), 378 Mass. 885 (1979), as construed by Commonwealth v. Jjimpron, 441 Mass. 265, 268-271 (2004) (Lampron). We conclude that it must first obtain judicial approval.1

Background. On January 19, 2007, the defendant, then sixteen years of age, was arraigned in the District…