| First Circuit |  |
| MA Dist | |
| Notice of Deposition | |
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United States
District Court
District of Massachusetts
Noticing a Deposition
A party may, by oral questions, depose any person, including a party, without leave of court except as more...
A nonparty deponents 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 more...
Methods of discovery may be used in any sequence; and more...
Discovery by one party does not require any other party to delay its discovery. . more...
Discovery Cut-Off
The court must set a discovery cut-off date. . more...
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 deponents 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 telephone 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 attorneys 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...
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 persons knowledge, information, and belief 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...
Do Not File Discovery Materials
The following discovery requests and responses must not be filed until they are used in the proceeding or more...
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