Forms and sample letters , Mass Legal Help Sample forms for use in a debt collection suit.
Includes interrogatories, request for admissions, and request for production. Caron v. General Motors Corp. It is an abuse to deluge an opposing party with successive banks of requests for admissions hoping that he may inadvertently give away his case. Doe v. Senechal , Mass. Fletcher v. Dorchester Mut. GTE Products Corp.
Stewart , Mass. Gunn v. Kippenhan v. Chaulk Services, Inc.
Reynolds Aluminum Building Products Co. Leonard , Mass. Storm v. American Honda Motor Co.
Depositions and witnesses , American Bar Association Section of Litigation Links to many resources on preparing and conducting depositions, including articles, newsletters, podcasts, and books. Focus is on the Federal Rules, but much of the information applies to states such as Massachusetts as well.
This expressly includes costs of reproduction, postage, research, delivery and attorneys' fees. FRCP 37 e has been changed to specify measures that a court may take in response to spoliation of e-discovery. She teaches trial practice, pretrial practice, […]. The outright denial of superfluous or unduly burdensome discovery requests serves FRCP 1's policy goals of speedy cost-efficient resolution. Available in print and portable eBook formats, these single-volume resources combine practical answers with cites to case law, cross references to statutory and analytical content, practice checklists and practice pointers. The paralegal needs to track not only discovery responses from the opposing party but also discovery requests.
Discovery: representing yourself in an eviction case , Mass. Law Reform Institute, revised May Booklet with forms for a tenant to use to obtain discovery during an eviction case. Family law advocacy for low and moderate income litigants , 3rd ed.
Chapter 2: Overview of probate and family court, sample interrogatories and request for production of documents. Nolo's deposition handbook , Nolo, Includes information on being deposed, taking and defending depositions, state discovery rules, sample forms and more. Requires library card for access. Information about the discovery process in Probate and Family Court, covering mandatory disclosure, subpoenas, and formal discovery.
Requires free library card for access. Representing yourself in a civil case part VII: proceeding with a civil case. What is discovery, Mass. Trial Court. If you would like to continue helping us improve Mass. Massachusetts Court System.
Massachusetts law about discovery A compilation of laws, regulations, cases, and web sources on discovery law. Skip table of contents. Show More Table of contents. Show Table of Contents.
The scope of discovery "Parties may obtain discovery regarding any matter, not privileged, which is relevant to the subject matter involved in the pending action, whether it relates to the claim or defense of the party seeking discovery or to the claim or defense of any other party, including the existence, description, nature, custody, condition and location of any books, documents, or other tangible things and the identity and location of persons having knowledge of any discoverable matter. Discovery tools Interrogatories "[I]nterrogatories are written questions propounded to a party designed to elicit information useful in the prosecution or defense of a suit.
Depositions "A deposition is like testimony in court--under oath--but it occurs before trial, outside the courtroom, and without a judge or jury present. Requests for admissions "Written requests for admission. In such an application, the claimant may also request the Court to appoint an arbitrator on behalf of the other party under Section 5 of the Act. The Court will examine the agreement to arbitrate and decide whether its language and scope is sufficient to grant the claimant's request to compel the respondents to proceed to arbitration. Issues relating to the merits of the claim are left to the arbitrators.
If the Charter Party provides for the arbitration to be conducted under the Rules of the SMA, Section 10 of the Rules for standard arbitration allows the claimant to appoint the second arbitrator if the other party does not appoint an arbitrator within 20 days of receipt of such notice. In order for this section to take effect, the claimant must first have given requisite notice to the other party.
If the arbitration agreement calls for a panel of three arbitrators, the third arbitrator is selected by the two appointed by the claimant. Under the Shortened Arbitration Procedure of the SMA, the respondent has 10 days to reply to the claimant's nomination, failing which, the person nominated by the claimant becomes the sole arbitrator. It is the practice among New York arbitrators to disclose any potential conflicts of interest they may have with either party, their respective attorneys, the subject matter of the dispute and with each other.
Such disclosures are usually made soon after the panel has been constituted, prior to the first hearing or initial submissions. The parties have the right to challenge a particular panel member for cause, e. If the challenged arbitrator considers the challenge to be without merit, the arbitration shall proceed with due reservation of the challenger's right to seek recourse from the appropriate United States District Court after the Award has been issued. If the challenge concerns the third arbitrator, the two party-appointed arbitrators are required to promptly appoint a replacement.
Once the panel has been established, the parties are required to direct all communications, documents and exhibits to the Chairman, with copies to the other arbitrators and their commercial counterparts or opposing counsel. In keeping with judicial decorum of the arbitration, no ex-parte communications are permitted. Once the disclosures have been made and the panel has been accepted by both parties, the arbitrators are then sworn [Appendix A of Document No. Parties are free to argue the case themselves, be represented by legal counsel or by a duly appointed representative.
Each party submits the documents and other evidence upon which it relies. If witnesses are called to testify they must do so under oath and submit to cross-examination.
Unless the parties agree otherwise, a court reporter is customarily on hand to record the proceedings. Following the close of the evidentiary phase of the proceeding, it is customary for the parties to exchange written post-hearing briefs summarizing their position and view of the evidence, accompanied by supporting legal and arbitral authorities.
These are followed by reply briefs, the purpose of which are to respond to the position each party's opponent has advanced in its post-hearing brief.
In lieu of post-hearing main and reply briefs, the SMA rules permit the parties to present their final arguments at a Final Oral Hearing before the arbitrators. This procedure, first presented to the industry in January , is designed to provide a quick and inexpensive method to resolve relatively small and straight-forward disputes. In the original procedure, the disputants were encouraged to agree on a sole arbitrator but were permitted to have a three-person panel.
Disputants were also permitted to have a hearing, with no limit to the number of issues to be heard. The procedure was revised as of September 15, [Document No. It now calls for the claimant to nominate an arbitrator from the SMA roster to act as sole arbitrator and to simultaneously request the respondent's agreement. Failing a response from the respondent within 10 days, the claimant's nominated arbitrator becomes the sole arbitrator.
If the parties cannot agree upon a sole arbitrator, upon request, the then president of the SMA will make that appointment.