Massachusetts Certificate of Compliance Regarding Service of Interrogatories or Requests for Production of Documents - Discovery and Inspection

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US-02753BG
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Description

Federal Courts and many state courts have local rules regarding the filing of discovery pleadings similar to the following:


Filing. Unless otherwise ordered by the court, counsel must not file with the court the following:

" all disclosures made under Fed. R. Civ P. 26 (a)(1);

" depositions or notices of taking deposition required by Fed R. Civ. P. 30(b)(1);

" interrogatories;

" requests for production, inspection or admission;

" answers and responses to such requests; and,

" certificates of service for any of the discovery materials referenced above.


The party serving the discovery material or taking the deposition must retain the original and be the custodian of it.

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FAQ

Rule 34(b) provides that a party must produce documents as they are kept in the usual course of business or must organize and label them to correspond with the categories in the discovery request.

Any party may serve on any other party a request (1) to produce and permit the party making the request, or someone acting on the requestor's behalf, to inspect and copy, any designated documents (including writings, drawings, graphs, charts, photographs, phonorecords, and other data compilations from which information ...

In responding to Requests for Production of documents you have three response choices (1) agree to produce (C.C.P. §2031.220); (2) state that after a diligent search and a reasonable inquiry you have no documents (C.C.P. §2031.230) or (3) object (C.C.P. §2031.240).

Answer. Requests for the Production of Documents. Definition: A written list of documents, electronic files, and audio and video recordings or physical things, submitted to a party from his or her adversary to inspect and copy the requested items and that have relevance to the issues in a lawsuit.

Rule 34 of the Federal Rules of Civil Procedure provides for discovery and inspection of documents and things in the course of developing a case for trial. Subsection (b)(1)(A) states that the request must ?describe with reasonable particularity each item or category of items to be inspected.? See Fed. R. Civ.

Rule 12(f) indicates explicitly that although the court may, sua sponte, clean up the pleadings (literally and figuratively) at any time, it may strike an insufficient defense only if the plaintiff takes the initiative.

Rule 34(a) enables a party to produce and permit the requesting party or its representative to inspect, copy, sample, or test any designated documents or ESI?including drawings, writings, graphs, charts, sound recordings, photographs, images, and other data or data compilations.

A request for production is a legal request for documents, electronically stored information, or other tangible items made in the course of litigation.

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Massachusetts Certificate of Compliance Regarding Service of Interrogatories or Requests for Production of Documents - Discovery and Inspection