Massachusetts Defendant Initial Document Request

State:
Multi-State
Control #:
US-TS11011E
Format:
Word; 
PDF; 
Rich Text
Instant download

Description

This form is a Defendant's Initial Document Request usable by defendants in cases with claims regarding licensing, patents, or commercial trade secrets.

How to fill out Defendant Initial Document Request?

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FAQ

Under Rule 34, the party seeking discovery need merely serve a request upon his opponent. Only if the opponent objects to the request must the discovering party obtain a court order.

Rule 30 - Depositions upon Oral Examination (a)When Depositions May Be Taken. After commencement of the action, any party may take the testimony of any person, including a party, by deposition upon oral examination.

Issuing a deposition subpoena in a civil case does not require a court order. Lawyers who are public notaries are authorized by the Massachusetts General Laws and the Massachusetts Rules of Civil Procedure and Domestic Relations Procedure to issue subpoenas in civil cases.

Rule 26(e)(1) requires supplementation of previously complete responses to discovery (either in a deposition or by interrogatories, or otherwise) in only certain limited respects: (a) the identity and location of persons having any knowledge of discoverable matters, provided the identity and location of such persons ...

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 45(d) provides the mechanism for using a subpoena to compel the attendance of a witness at a deposition. It also permits the subpoena to be used to compel the deponent to produce at the deposition designated papers, documents, books or tangible things.

(a) Form; Issuance. (1) Every subpoena shall. (A) state the name of the court from which it is issued; and. (B) state the title of the action, the name of the court in which it is pending, and its civil action number; and.

Rule 7 reflects the belief that extensive and complex pleadings are not desirable as a vehicle for the narrowing of issues in a case and that this function can be better performed by discovery and the use of the pretrial conference.

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Massachusetts Defendant Initial Document Request