Service Of Interrogatories In Massachusetts

Q: What is the discovery rule in Massachusetts?

Massachusetts recognizes the discovery rule, which allows the statute of limitations to start when an injury is identified or reasonably should have been recognized, not necessarily from the date of the incident.

Category:

Civil Procedure - Discovery - Interrogatories

State:

Multi-State

Control #:

US-00316

Format:

Instant download

Description

The Service of Interrogatories in Massachusetts is a vital legal tool that allows parties in a lawsuit to formally request information from one another. This document, known as the Notice of Service, serves to inform all counsel of record about the specific interrogatories or document requests that have been served in a legal proceeding. Key features include the ability to list various requests, such as interrogatories or requests for production of documents, and the requirement for the attorney to certify the service to ensure compliance with court rules. The form should be filled out clearly, indicating the names of involved parties, the specific requests made, and the date of service. For attorneys, partners, owners, associates, paralegals, and legal assistants, this form is essential for maintaining an organized legal process and ensuring all parties are informed of relevant requests for information. Its use cases include gathering necessary facts for a case preparation, ensuring transparency between parties, and fostering compliance with procedural rules. By following the instructions, users can effectively utilize this form to facilitate the exchange of information, which is crucial for case development.

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FAQ

Rule 56 - Summary Judgment (a)Motions for Summary Judgment. A party may move for summary judgment subsequent to the commencement of any proceeding under these rules except in actions for divorce or in actions for custody or visitation or for criminal contempt.

Interrogatories may, without leave of court, be served upon the plaintiff after filing of the complaint and upon any other party with or after service of the summons and complaint upon that party.

NUMBER AND SCOPE OF INTERROGATORIES. Rule 33 (a), Federal Rules of Civil Procedure , restricts to 25 (including all discrete subparts) the number of interrogatories a party may serve on any other party.

(b) Except as provided in Section 2030.070, no party shall, as a matter of right, propound to any other party more than 35 specially prepared interrogatories. If the initial set of interrogatories does not exhaust this limit, the balance may be propounded in subsequent sets.

Massachusetts recognizes the “discovery rule,” which allows the statute of limitations to start when an injury is identified or reasonably should have been recognized, not necessarily from the date of the incident.

No party shall serve on any other party as of right more than one set of interrogatories, unless the total number of all interrogatories in all sets combined does not exceed thirty; including interrogatories subsidiary or incidental to, or dependent upon, other interrogatories, and however the same may be grouped or ...

The original form interrogatories and signed proof of service should be retained for your records. If the other party does not respond to your requests, you may use these documents to support a motion to have the court compel responses.

How to fill out Form Interrogatories Fill in basic information at the top of the form. Provide basic information about your case. Select the questions. On Page 2, check the box next to each question you want to ask your spouse to answer. Make copies. Make 1 copy of the completed Form Interrogatories – Family Law.