Notice Discovery Template With Calculator In Massachusetts
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Discovery is how you gather the evidence you will need to prove your case as plaintiff, or defeat the plaintiff's case as a defendant. You use discovery to find out things like: What the other side plans to say about an issue in your case.
"Parties may obtain discovery regarding any matter, not privileged, which is relevant to the subject matter involved in the pending action, whether it relates to the claim or defense of the party seeking discovery or to the claim or defense of any other party, including the existence, description, nature, custody, ...
You can use interrogatories to find out facts about a case but they cannot be used for questions that draw a legal conclusion.
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.
"Parties may obtain discovery regarding any matter, not privileged, which is relevant to the subject matter involved in the pending action, whether it relates to the claim or defense of the party seeking discovery or to the claim or defense of any other party, including the existence, description, nature, custody, ...
The party of whom discovery is demanded shall respond by filing and serving answers to the interrogatories and/or responses to the requests for admission, and/or by producing the documents no later than ten days after receipt of the requests. The response shall be completed upon its receipt.
The California discovery rule stops the clock on the statute of limitations until the plaintiff either finds out about the cause of action or has a good reason to do so. This rule comes into play when the plaintiff didn't realize, and a reasonable person wouldn't have realized, that they were harmed.
