HOUSE . . . . . . . . No. 4327
The Commonwealth of Massachusetts
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HOUSE OF REPRESENTATIVES, February 8, 2024.
The committee on the Judiciary, to whom were referred the petition
(accompanied by bill, Senate, No. 939) of Cynthia Stone Creem for
legislation to establish the Massachusetts Interstate Depositions and
Discovery Act, and the 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, reports recommending that the accompanying bill
(House, No. 4327) ought to pass.
For the committee,
MICHAEL S. DAY. 1 of 3
FILED ON: 2/5/2024
HOUSE . . . . . . . . . . . . . . . No. 4327
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. Chapter 223A of the General Laws, as appearing in the 2022 Official
2Edition, is hereby amended by inserting, after section 14, - the following section:-
3 Section 15. (a) As used in this section, the following words shall, unless the context
4clearly requires otherwise, have the following meanings:
5 “Foreign action”, a court action or proceeding brought or pending in a foreign
6jurisdiction.
7 "Foreign jurisdiction", a state other than the commonwealth of Massachusetts.
8 "Foreign subpoena", a subpoena issued under authority of a court of record in a foreign
9jurisdiction.
10 "Person", an individual, corporation, business trust, estate, trust, partnership, limited
11liability company, association, joint venture, public corporation, government, or governmental
12subdivision, agency or instrumentality, or other legal entity. 2 of 3
13 "State", a state of the United States, the District of Columbia, Puerto Rico, the United
14States Virgin Islands, a federally recognized Indian tribe, or any territory or insular possession
15subject to the jurisdiction of the United States.
16 "Subpoena", a document, however denominated, issued under authority of a court of
17record requiring a person to: (i) attend and give testimony at a deposition; (ii) produce and permit
18inspection and copying of designated books, documents, records, electronically stored
19information or tangible things in the possession, custody or control of the person; or (iii) permit
20inspection of premises under the control of the person.
21 (b)(i) To request the issuance of a subpoena under this section, a party shall submit a
22foreign subpoena or court order from a foreign jurisdiction to a clerk of court in the county in
23this commonwealth in which discovery is sought, along with: (A) a Massachusetts subpoena for
24signature by the clerk; (B) a list of all counsel or unrepresented parties in the foreign action, their
25addresses, telephone numbers and email addresses; and (C) the required filing fee designated and
26published by the court in which the foreign subpoena or court order from the foreign jurisdiction
27is submitted. A request for the issuance of a subpoena under this section shall not constitute an
28appearance in the courts of the commonwealth. An unrepresented party may request issuance of
29a subpoena pursuant to this section; provided, however, that they may sign the foreign subpoena
30only if authorized by the laws of the foreign jurisdiction.
31 (ii) When a party submits a foreign subpoena to a clerk of court, the clerk, in accordance
32with the court's procedure, shall promptly issue a subpoena for service on the person to which the
33foreign subpoena is directed. 3 of 3
34 (iii) A subpoena issued under this section shall: (A) incorporate the terms used in the
35foreign subpoena; (B) contain the names, addresses, telephone numbers and email addresses of
36all counsel of record and unrepresented parties in the foreign action ; and (C) include the case
37caption and case or docket number of the proceeding to which the subpoena relates, along with
38the name and address of the court issuing the subpoena.
39 (c) Notwithstanding subsection (b), if a party to a foreign action retains an attorney
40licensed to practice in the commonwealth, and that attorney receives the original or a true copy
41of the foreign subpoena, the attorney may issue a subpoena under this section.
42 (d) Rule 45 of the Massachusetts Rules of Civil Procedure shall apply to subpoenas
43issued under this section. A subpoena issued under this section shall be served in compliance
44with Rule 45(c) of the Massachusetts Rules of Civil Procedure.
45 (e) An application to the court for a protective order or to enforce, quash or modify a
46subpoena issued under this section shall comply with Rules 26(c) and 45(d)(1) of the
47Massachusetts Rules of Civil Procedure and be submitted to the applicable court in the county in
48which discovery is sought.
49 (f) In applying and construing this uniform act, consideration shall be given to the need to
50promote uniformity of the law with respect to its subject matter among states that enact it.
51 (g) If the foreign jurisdiction has not enacted provisions substantially similar to this
52section, the foreign subpoena shall comply with the requirements of section 11 of this chapter.
53 SECTION 2. Section 1 shall take effect on January 1, 2025 and shall apply to discovery
54requests in cases pending as of that date.