378 Mass. 885 (1979), provides that “[a] summons may . . . command the person to whom it is directed to produce the books, papers, documents, or other objects designated therein. The court on motion may quash or modify the summons if compliance would be unreasonable or oppressive . . . .” The Reporters’ Notes to Mass. R. Crim. P. 17, 43C Mass. Gen. Laws Ann. at 290 (West 1980), state that the “prototype for this rule is found in Fed. R. Crim. P. 17.” Some Federal courts have concluded that, in criminal as well as civil cases, a judge has authority to order reimbursement of expenses incurred in complying with a subpoena duces tecum. In re Grand Jury No. 76-3 (MIA) Subpoena Duces Tecum, 555 F.2d 1306, 1308 (5th Cir. 1977); United States v. Friedman, 532 F.2d 928, 937 (3d Cir. 1976) (<HOLDING>). The Advisory Committee Notes to Fed. R. Crim.
holding that court can order government to reimburse reasonable cost of producing documents requested ejven if not literally applicable rule 45 b fed r civ p serves as significant precedent disclosing a broad congressional judgment with respect to fairness in subpoena enforcement proceedings recognizing that rule 45 can be used to subpoena documents to be introduced at trial as trial exhibits but rejecting plaintiffs argument that documents sought after the discovery cutoff were for use as trial exhibits where the scope of the request is broad and clearly is designed for discovery not lastminute trial needs such as for originals of documents where copies were produced in discovery and there is a need for the original at trial recognizing in the context of discussing executive privilege that law enforcement documents disclosing investigative techniques or sources should be minimized holding that an attorneys failure to sign a subpoena can be cured holding to that effect with respect to rule 64