Massachusetts Affidavit in Support of Motion for Order that Deposition be taken at a Designated Place other than that Stated in Notice

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US-02707BG
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Description

The Federal Rules of Civil Procedure have been adopted by most states in one form or another. Rule 26 provides in part:



(A) forbidding the disclosure or discovery;

(B) specifying terms, including time and place, for the disclosure or discovery;

(C) prescribing a discovery method other than the one selected by the party seeking discovery;

(D) forbidding inquiry into certain matters, or limiting the scope of disclosure or discovery to certain matters;

(E) designating the persons who may be present while the discovery is conducted.

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How to fill out Affidavit In Support Of Motion For Order That Deposition Be Taken At A Designated Place Other Than That Stated In Notice?

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FAQ

Rule 30 of the Massachusetts Rules of Criminal Procedure, provides for Postconviction Relief, as it allows a defendant who has made an admission to sufficient facts, pleaded guilty, or been found guilty to file a motion for a new trial, vacating the conviction.

Rule (30)(b)(6) applies to depositions of both party and nonparty corporations. For nonparty deponent corporations, the rule requires that the noticing party issue a subpoena. The rule has two basic requirements. First, the notice must describe with ?reasonable particularity? the matters for examination.

(b)Notice of examination: General requirements; special notice; non-stenographic recording; production of documents and things; deposition of organization (1) A party desiring to take the deposition of any person upon oral examination shall give at least seven days' notice in writing to every other party to the action.

Under Rule 5(b), service may be made by mailing the paper to the party or attorney at his last known address; if no address is known, the paper may be left with the clerk of court. Prior Massachusetts practice made no provision in cases where the address was unknown.

Rule 30(b)(6) testimony of third-party organizations can also be used at trial, provided it is admissible under the Rules of Evidence. Testimony taken under Rule 30(b)(6) may be presented at trial through a transcript read to the trier of fact or through a recording of the deposition.

To Rule 30(b)(6) of the Federal Rules of Civil Procedure is a powerful tool that requires a corpora- tion to produce one or more witnesses to testify on the corporation's behalf with respect to the noticed topics.

The amended FRCP 30(b)(6) specifically requires that: ?Before or promptly after the notice or subpoena is served, the serving party and the organization must confer in good faith about the matters for examination.? The amendment also mandates that a subpoena to a nonparty organization advise of the duty to confer with ...

All civil motions shall be governed, where applicable, by Superior Court Rules 9A through 9E. Any criminal motion must be in writing and filed before being placed upon a list for hearing, unless otherwise ordered by the court, or otherwise provided for under Superior Court Rule 61.

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Massachusetts Affidavit in Support of Motion for Order that Deposition be taken at a Designated Place other than that Stated in Notice