Massachusetts Motion for State to Produce Names of Witnesses

State:
Multi-State
Control #:
US-00856
Format:
Word; 
Rich Text
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Description

This is a Motion for State to Produce Names of Witnesses. It is filed by the Defendant, in order that he/ she may be able to subpoena all of the state's witnesses, prior to a hearing. This form is applicable in all states.

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FAQ

Rule 17 - Summonses for Witnesses. (Applicable to District Court and Superior Court) (a) Summons. (1) For Attendance of Witness; Form; Issuance. A summons shall be issued by the clerk or any person so authorized by the General Laws.

Rule 608(a), on the other hand, only applies to the credibility of a witness (either the defendant, or any other witness), and focuses on the issues of truthfulness, not law-abidingness.

Rule 26(c), which substantially copies Federal Rule 26(c), provides the mechanism by which a person (whether party or not) from whom discovery is sought may obtain court relief in the event he believes he is being unfairly oppressed. Generally, the order will be sought in the court in which the action is pending.

(a) Reputation or Opinion Evidence. A witness's credibility may be attacked or supported by testimony about the witness's reputation for having a character for truthfulness or untruthfulness, or by testimony in the form of an opinion about that character.

The Rule 30(b)(6) deposition is the process by which a litigant may depose a corporation or other business entity. While it is impossible for a corporation to be deposed in the literal sense, the corporation must designate one or more representatives who will testify on its behalf.

Evid. 608(b), which permit inquiry into the details of prior instances of misconduct if probative of the witness's character for veracity. See Commonwealth v. Lopes, 478 Mass.

(a) Reputation or Opinion Evidence. A witness's credibility may be attacked or supported by testimony about the witness's reputation for having a character for truthfulness or untruthfulness, or by testimony in the form of an opinion about that character.

Evidence of specific acts relevant to a witness's credibility is governed by Military Rule of Evidence 608 (b). That rule permits counsel to ask questions about specific acts of the witness that goes to their credibility or character for truthfulness. Extrinsic evidence of those acts is not permitted under this rule.

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Massachusetts Motion for State to Produce Names of Witnesses