Massachusetts 2023-2024 Regular Session

Massachusetts Senate Bill S939 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	1 of 1
2	2	SENATE DOCKET, NO. 1875 FILED ON: 1/20/2023
3	3	SENATE . . . . . . . . . . . . . . No. 939
4	4	The Commonwealth of Massachusetts
5	5	_________________
6	6	PRESENTED BY:
7	7	Cynthia Stone Creem
8	8	_________________
9	9	To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
10	10	Court assembled:
11	11	The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:
12	12	An Act establishing the Massachusetts Interstate Depositions and Discovery Act.
13	13	_______________
14	14	PETITION OF:
15	15	NAME:DISTRICT/ADDRESS :Cynthia Stone CreemNorfolk and Middlesex 1 of 4
16	16	SENATE DOCKET, NO. 1875 FILED ON: 1/20/2023
17	17	SENATE . . . . . . . . . . . . . . No. 939
18	18	By Ms. Creem, a petition (accompanied by bill, Senate, No. 939) of Cynthia Stone Creem for
19	19	legislation to establish the Massachusetts Interstate Depositions and Discovery Act. The
20	20	Judiciary.
21	21	The Commonwealth of Massachusetts
22	22	_______________
23	23	In the One Hundred and Ninety-Third General Court
24	24	(2023-2024)
25	25	_______________
26	26	An Act establishing the Massachusetts Interstate Depositions and Discovery Act.
27	27	Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
28	28	of the same, as follows:
29	29	1 Section 1. The General Laws are hereby amended by inserting after chapter 233 the
30	30	2following new chapter:–
31	31	3 Chapter 233A. Massachusetts Interstate Depositions and Discovery Act
32	32	4 Section 1. Purpose. This chapter governs depositions and discovery conducted in this
33	33	5commonwealth in connection with a civil action brought in another state.
34	34	6 Section 2. Definitions. As used in this chapter, the following words shall, unless the
35	35	7context clearly requires otherwise, have the following meanings:
36	36	8 a)“Foreign jurisdiction,” a state other than the Commonwealth of Massachusetts.
37	37	9 b)“Foreign subpoena,” a subpoena issued under authority of a court of record in a foreign
38	38	10jurisdiction. 2 of 4
39	39	11 c)“Person,” an individual, corporation, business trust, estate, trust, partnership, limited
40	40	12liability company, association, joint venture, public corporation, government, or governmental
41	41	13subdivision, agncy or instrumentality, or any other legal or commercial entity.
42	42	14 d) “State,” a state of the United States, the District of Columbia, Puerto Rico, the
43	43	15United States Virgin Islands, a federally recognized Indian tribe, or any territory or insular
44	44	16possession subject to the jurisdiction of the United States.
45	45	17 e)“Subpoena,” a document, however denominated, issued under authority of a court of
46	46	18record requiring a person to:
47	47	19 i.attend and give testimony at a deposition;
48	48	20 ii.produce and permit inspection and copying of designated books, documents, records,
49	49	21electronically stored information, or tangible things in the possession, custody, or control of the
50	50	22person; or
51	51	23 iiipermit inspection of premises under the control of the person.
52	52	24 Section 3. Issuance of Subpoena for Interstate Depositions and Discovery.
53	53	25 a)To request issuance of a subpoena under this chapter, a party or an attorney shall
54	54	26submit a foreign subpoena or court order from the foreign jurisdiction to a clerk of court in the
55	55	27county in this commonwealth in which discovery is sought to be conducted, along with (i) a
56	56	28Commonwealth of Massachusetts subpoena for signature by the clerk; (ii) a list of all counsel, or
57	57	29unrepresented parties, in the foreign action and their addresses and phone numbers, and (iii) the
58	58	30required filing fee to be designated and published by the Court in which the foreign subpoena or
59	59	31court order from the foreign jurisdiction is submitted. A request for the issuance of a subpoena 3 of 4
60	60	32under this act does not constitute an appearance in the courts of this commonwealth. An
61	61	33unrepresented party may request issuance of a subpoena pursuant to this chapter, but may sign
62	62	34the foreign subpoena only if such signing is authorized by the rules of the foreign jurisdiction.
63	63	35 b)When a party submits a foreign subpoena to a clerk of court in this commonwealth, the
64	64	36clerk, in accordance with that court’s procedure, shall promptly issue a subpoena for service
65	65	37upon the person to which the foreign subpoena is directed.
66	66	38 c)A subpoena under subsection (b) shall:
67	67	39 i. incorporate the terms used in the foreign subpoena;
68	68	40 ii .contain or be accompanied by the names, addresses, and telephone numbers of all
69	69	41counsel of record in the proceeding to which the subpoena relates and of any party not
70	70	42represented by counsel; and
71	71	43 iii. advise the person to whom the subpoena is directed that such a person has a right to
72	72	44move in the Massachusetts court, in compliance with the applicable rules of discovery, for an
73	73	45order to quash or modify the subpoena.
74	74	46 d)Notwithstanding subsection (a), if a party to an out-of-state proceeding retains an
75	75	47attorney licensed to practice in this commonwealth, and that attorney receives the original or a
76	76	48true copy of an out-of-state subpoena, the attorney may issue a subpoena under this section.
77	77	49 Section 4. Service of Subpoena
78	78	50 A subpoena issued by a clerk of court under Section 3(a), or by an attorney licensed to
79	79	51practice in this commonwealth under Section 3(d), shall be served in compliance with Rule 45(c)
80	80	52of the Massachusetts Rules of Civil Procedure. 4 of 4
81	81	53 Section 5. Deposition, Production, and Inspection.
82	82	54 Subparts (a), (b), (c), (d), (f), and (g) of Rule 45 of the Massachusetts Rules of Civil
83	83	55Procedure shall apply to subpoenas issued under Section 3.
84	84	56 Section 6. Application to Court.
85	85	57 An application to the court for a protective order or to enforce, quash, or modify a
86	86	58subpoena issued under Section 3 shall comply with Rules 26(c) and 45(d)(1) of the
87	87	59Massachusetts Rules of Civil Procedure and be submitted to the applicable court in the county in
88	88	60which discovery is to be conducted.
89	89	61 Section 7. Reciprocity.
90	90	62 If the foreign jurisdiction has not enacted provisions substantially similar to this chapter,
91	91	63the foreign subpoena shall comply with the requirements of Section 11 of Chapter 223A of the
92	92	64General Laws.
93	93	65 Section 2. Effective Date. This act shall take effect on January 1, 2024, and shall apply to
94	94	66requests for discovery in cases pending as of that date.