Legal Question in Civil Litigation in Massachusetts

Massachusetts - Sequence of Depositions

Is there a rule in Mass. state courts that whichever side gets their deposition notice served first gets to take the first deposition?


Asked on 2/06/09, 10:40 am

3 Answers from Attorneys

George Davis Law Office of T. George Davis, Jr.

Re: Massachusetts - Sequence of Depositions

There's no such rule, although I would think that the notice that was served first would prevail if there were competing notices sent each way that scheduled exactly the same time for deposition. In any event, where there are deposition scheduling conflicts, the courts expect the attorneys to work out the details between or among them without creating additional problem or issues for the court to decide.

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Answered on 2/06/09, 1:19 pm
Gregory Lee Gregory P. Lee, Attorney at Law

Re: Massachusetts - Sequence of Depositions

No such rule exists.

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Answered on 2/06/09, 2:14 pm
henry lebensbaum Law Offices of Henry Lebensbaum (978-749-3606)

Re: Massachusetts - Sequence of Depositions

It is not the date of service, as much as it is the scheduled date for the deposition.

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Answered on 2/06/09, 6:04 pm


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