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 Deposition Notice

 

 United States District Court
 District of Massachusetts

This is a preview. For access to the full SmartRules Guide,
login or join now.

 

 Timing

Noticing a Deposition

A party may, by oral questions, depose any person, including a party, without leave of court except as more...   

A nonparty deponent s attendance may be compelled by subpoena under Rule 45. . more...

When Leave of Court Required

A party must obtain leave of court, and the court must grant leave to the extent consistent with more...

.

After Rule 26 Meeting

A party may not seek discovery from any source before the parties have conferred as required by Rule more...

Sequence

Unless, on motion, the court orders otherwise for the parties and witnesses convenience and in the interests of justice, more...

Discovery Cut-Off

The court must set a discovery cut-off date. . more...

 Deposition Rules and Requirements

Required Notice

"Reasonable Notice"

A party who wants to depose a person by oral questions must give reasonable written notice to every more...

Contents of Notice

The notice must state the time and place of the deposition and, if known, the deponent s name and more...

Producing Documents

If a subpoena duces tecum is to be served on the deponent, the materials designated for production, as more...

Method of Recording

The party who notices the deposition must state in the notice the method for recording the testimony. Unless more...

With prior notice to the deponent and other parties, any party may designate another method for recording the more...

Remote Means

The parties may stipulate or the court may on motion order that a deposition be taken by more...

Deposition of Organization

In its notice or subpoena, a party may name as the deponent a public or private corporation, a more...

Schedule and Duration

Unless otherwise stipulated or ordered by the court, a deposition is limited to 1 day of 7 hours. more...

Sanction

The court may impose an appropriate sanction including the reasonable expenses and attorney s fees incurred by any party more...

Motion to Terminate or Limit

At any time during a deposition, the deponent or a party may move to terminate or limit it more...

The court may order that the deposition be terminated or may limit its scope and manner as provided more...

Cost and Recording

The party taking the deposition bears the cost of recording the deposition.Any party, at its own expense, may designate another method of recording the deposition in addition to the more...

Limit of Ten (10) Depositions

Unless otherwise ordered by the court, each side (or group of parties with a common interest) is limited more...

Location of Deposition

Boston is deemed a convenient place for taking the deposition of any person who resides, is employed in, more...

 Format of Papers

Signature

Required

Every disclosure under Rule 26(a)(1) or (a)(3) and every discovery request, response, or objection must be signed by more...

Certification

By signing, an attorney or party certifies that to the best of the person s knowledge, information, and belief formed more...

Consistent with these rules and warranted by existing law or by a nonfrivolous argument for extending, modifying, or more...

Not interposed for any improper purpose, such as to harass, cause unnecessary delay, or needlessly increase the cost more...

Neither unreasonable nor unduly burdensome or expensive, considering the needs of the case, prior discovery in the case, more...

Failure to Sign

Other parties have no duty to act on an unsigned disclosure, request, response, or objection until it is more...

Sanction for Improper Certification

If a certification violates this rule without substantial justification, the court, on motion or on its own, must more...

Additional Formatting Requirements

District of Massachusetts SmartRules procedural guide: GENERAL RULES AND FORMATTING REQUIREMENTS. more...

 FILING AND SERVICE

Do Not File Discovery Materials

Depositions, interrogatories, requests for documents and requests for admission and their responses must not be filed until they more...

Copyright SmartRules 2003-2013 exclusive of the text of Government codes

 

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