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HOUSE DOCKET, NO. 4050 FILED ON: 1/20/2023
HOUSE . . . . . . . . . . . . . . . No. 1450
The Commonwealth of Massachusetts
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PRESENTED BY:
Michael S. Day
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To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
Court assembled:
The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:
An Act to modify the rules for taking depositions outside the Commonwealth and to adopt the
uniform interstate depositions and discovery act.
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PETITION OF:
NAME:DISTRICT/ADDRESS :DATE ADDED:Michael S. Day31st Middlesex1/20/2023 1 of 4
HOUSE DOCKET, NO. 4050 FILED ON: 1/20/2023
HOUSE . . . . . . . . . . . . . . . No. 1450
By Representative Day of Stoneham, a petition (accompanied by bill, House, No. 1450) of
Michael S. Day for legislation to modify the rules for taking depositions outside the
Commonwealth and to adopt the uniform interstate depositions and discovery act. The Judiciary.
The Commonwealth of Massachusetts
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In the One Hundred and Ninety-Third General Court
(2023-2024)
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An Act to modify the rules for taking depositions outside the Commonwealth and to adopt the
uniform interstate depositions and discovery act.
Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
of the same, as follows:
1 SECTION 1: Section 10 of Chapter 223A, Taking Depositions Outside Commonwealth;
2Issuance of Commissions or Letters Rogatory is hereby amended by deleting section 10(a)(3)
3and Section lO(b) and adding thereto the following section:
4 Section 10(a)(3)
5 UNIFORM INTERSTATE DEPOSITIONS AND DISCOVERY ACT
6 Short title.
7 This section may be cited as the "Uniform Interstate Depositions and Discovery Act."
8 Definitions.
9 As used in this chapter: 2 of 4
10 (1)"Foreign jurisdiction" means a state other than the Commonwealth of
11Massachusetts
12 (2)"Foreign subpoena" means a subpoena issued under authority of a court of record
13of a foreign jurisdiction
14 (3)"Person" means an individual, corporation, business trust, estate, trust,
15partnership, limited liability company, association, joint venture, public corporation,
16government, or governmental subdivision, agency or instrumentality, or any other legal or
17commercial entity.
18 (4)"State" means a state of the United States, the District of Columbia, Puerto Rico,
19the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction
20of the United States.
21 (5)"Subpoena" means a document, however denominated, issued under authority of a
22court of record requiring a person to:
23 (i)Attend and give testimony at a deposition;
24 (ii)Produce and permit inspection and copying of designated books, documents,
25records,
26 (iii)Permit inspection of premises under the control of the person.
27 Issuance of subpoena.
28 (a)To request issuance of a subpoena under this section, a party shall submit a
29foreign subpoena to: 3 of 4
30 (1)A clerk of the superior court in the county in which discovery is sought
31 to be conducted in Massachusetts; or
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34 (2)A lawyer who is a member in good standing of the bar of the Commonwealth of
35Massachusetts. A request for the issuance of a subpoena under this act does not constitute an
36appearance in the courts of Massachusetts.
37 (b)When a party submits a foreign subpoena to a clerk of the superior court in
38Massachusetts, the clerk, in accordance with the court's procedure, shall promptly issue a
39subpoena for service on the person to which the foreign subpoena is directed. When a party
40submits a subpoena to a lawyer who is a member in good standing of the bar of Massachusetts,
41the lawyer may issue a subpoena for service on the person to which the foreign subpoena is
42directed.
43 (c)A subpoena under subsection (b) of this section shall:
44 (1)Incorporate the terms used in the foreign subpoena;
45 (2)Contain or be accompanied by the names, addresses, telephone numbers, and
46email addresses of all counsel of record in the proceeding to which the subpoena relates and of
47any party not represented by counsel; and
48 (3)Otherwise be in a form that complies with the laws of this state.
49 Service of subpoena. 4 of 4
50 A subpoena issued under this state shall be served in compliance with the Massachusetts
51Rules of Civil Procedure.
52 Deposition, production, and inspection.
53 The Massachusetts Rules of Civil Procedure govern subpoenas issued under this section.
54 Application to court.
55 An application to the court for a protective order or to enforce, quash, or modify a
56subpoena issued under this section shall comply with the rules or statutes of Massachusetts and
57be submitted to the court in the county in which discovery is to be conducted.
58 Uniformity of application and construction.
59 In applying and construing this uniform act, consideration shall be given to the need to
60promote uniformity of the law with respect to its subject matter among states that enact it.
61 Application to pending actions.
62 This section applies to requests for discovery in cases pending on the effective date of
63this section.
64 Depositions for use in foreign tribunals.
65 Depositions may be taken in this state to be used in the trial of any cause pending in a
66tribunal of any other state, district, territory, or country pursuant to this section.