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. It is not ground for objection that the information sought will be inadmissible at the trial if the information sought appears reasonably calculated to lead to the discovery of admissible evidence." — Massachusetts Rules of Civil Procedure Rule 26(b)(1).
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. The responding party must sign answers to interrogatories under the pains and penalties of perjury; therefore, the signed answers are the equivalent of sworn testimony given under oath." — Massachusetts Discovery Practice, 5th ed., MCLE, 2024, § 10.1.
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. While depositions have a number of uses, parties take depositions primarily in the hope of uncovering information that supports their legal claims and undermines the other side's legal claims." — Nolo's Deposition Handbook, 8th ed., Nolo, 2022, p. 2.
Requests for admissions
"Written requests for admission . . . provide parties with a method by which admissions of facts may be obtained and used in support of, or in opposition to, summary judgment motions or at trial." — Massachusetts Practice v. 49A (Discovery), § 10:1.
Requests for production (document requests)
A "written request that another party provide specified documents or other tangible things for inspection and copying." — Black's Law Dictionary, 12th ed., West, 2024.
A "written request that another party provide specified documents or other tangible things for inspection and copying." Black's Law dictionary. A request for production "is focused on the discovery of tangible (rather than testimonial) evidence and provides for the discovery of all types of tangible evidence, such as documents, photographs, electronic data, or other objects relevant to the litigation." — Massachusetts Practice v. 49 (Discovery), § 6:1.
Requests for permission to enter upon land
Mass. R. Civ. P. 34 "allows you to request an opportunity to enter upon land in the possession or control of another party so that you may test, photograph, sample, or otherwise inspect relevant conditions, objects, or operations on the premises." — Massachusetts Discovery Practice, 5th ed., MCLE, 2024, § 11.1.
Physical and mental examinations
"In many civil actions, the medical status of a party is at issue. This may be because the extent of an ongoing injury is unresolved, a party is seeking damages for mental injury, or the nature of the injury is in dispute. In order to allow the parties a fair opportunity to explore these issues, the rules of discovery permit the physical and mental examinations of individuals, although with some significant limitations." — Massachusetts Discovery Practice, 5th ed., MCLE, 2024, § 14.1.
Massachusetts laws
MGL c. 233, §§ 24-63 Witnesses and evidence
MGL c. 233, § 79G Evidence: medical and hospital services
Court rules
Massachusetts Rules of Civil Procedure, see rules 26–37, 45
Massachusetts Rules of Criminal Procedure, see rules 14-14.4
Massachusetts Guide to Evidence (2024 edition)
Massachusetts Trial Court Uniform Summary Process Rules, see rules 6–7
Uniform Small Claims Rules, see rule 5
Uniform Rules on Subpoenas to Court Officials
Superior Court
Massachusetts Superior Court Rules, see rules 9A–9C, 30–30B
Massachusetts Superior Court Standing Order 1–88 Time Standards
District/Municipal Court
Massachusetts District/Municipal Courts Supplemental Rules of Civil Procedure, see rules 105, 111
Joint Standing Order 1–04 Civil case management
Joint Standing Order 2–04 Time standards for civil cases
Probate and Family Court
Massachusetts Supplemental Rules of the Probate and Family Court, see rules 27A, 45, 401 & 410
Massachusetts Rules of Domestic Relations Procedure, see rules 26–37, 45
Massachusetts Probate and Family Court Standing Order 1–06 Case management and time standards for cases filed in the Probate and Family Court Department
Housing Court
Massachusetts Housing Court Standing Order 1–96 Filing written discovery materials in civil cases
Housing Court Department Standing Order 1–04 Time standards
Juvenile Court
Massachusetts Juvenile Court Rules for the Care and Protection of Children, see rules 9, 13
Massachusetts Juvenile Court Standing Order 2–18 Time standards
Land Court
Massachusetts Rules of the Land Court, see rules 7-8
Land Court Standing Order 1–04 Time standards for cases filed in the Land Court Department
Forms
How to get Discovery in a debt collection case in civil court, Mass. Legal Help, 2024.
Sample forms and instructions for use in a debt collection suit but can be edited for use in other types of cases. Includes interrogatories, request for admissions, and request for production of documents.
Selected cases
Web sources
Discovery: An overview, The Legal Information Institute at Cornell University Law School.
A brief explanation of the discovery process. Focus is on the Federal Rules, but much of the information applies to states such as Massachusetts as well.
Discovery: Representing yourself in an eviction case, Mass. Law Reform Institute, revised June 2024.
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., MCLE, 2018.
Chapter 2: Overview of probate and family court, Discovery, page 19 with sample interrogatories and request for production of documents in family law cases.
Representing yourself in a civil case part VII: Proceeding with a civil case, Mass. Trial Court.
Information about time standards and deadlines, case management conferences, discovery, and pre-trial conferences.
Print sources
With forms
Bender's forms of discovery, Matthew Bender, loose-leaf with supplements. (eBook available with library card)
Discovery by Peter M. Lauriat, 3rd ed. (Mass Practice v. 49-49A), Thomson Reuters, 2017 with supplement.
Discovery practice by Roger S. Haydock, 8th ed., Wolters Kluwer Law & Business, loose-leaf, 2017-
The family lawyer’s discovery toolkit, MCLE, 2018.
Guerilla discovery by Ashley S. Lipson, James Publishing, 2014, with supplements and CD-ROM.
Massachusetts discovery practice, 5th ed., MCLE, 2024.
Massachusetts e-discovery and evidence by Jonathan Sablone, LexisNexis, annual. (2023 eBook available with library card)
Massachusetts litigation forms and analysis by Anthony Doniger, Law Cooperative Publishing, loose-leaf with supplements.
Massachusetts pleading and practice: Forms & commentary by Edward M. Swartz, Matthew Bender, loose-leaf with updates. (eBook available with library card)
Model interrogatories by Kevin R. Culhane, James Publishing, 2014 with supplements.
Nolo's deposition handbook by Paul Bergman, 8th ed., Nolo, 2022. (eBook available with library card)
Pretrial litigation primer, MCLE, 2014.
Sections 4 and 5.
Without forms
Effective depositions by Henry L. Hecht, 2nd ed., American Bar Association Section of Litigation, 2010. (eBook available with library card)
Effective deposition strategies and techniques by Christa A. Arcos, MCLE, 2005.
Effective discovery in employment litigation by Ellen C. Kearns, MCLE, 2005.
Massachusetts civil pretrial practice, LexisNexis, annual. (eBook available with library card)
Chapters 7-10, 12.
Model witness examinations by Paul Mark Sandler, 5th ed., American Bar Association, 2023. (eBook available with library card)
A new paradigm for Brady/Giglio violations: The impact of McFarlane & Graham, MCLE, 2024.
Preparing, taking and defending the business deposition: Strategies for effectiveness in the Superior Court by Daniel P. Tighe, MCLE, 2004.
Represent yourself in court: Prepare & try a winning civil case by Paul Bergman, 11th ed., Nolo, 2022. (eBook available with library card)
Taking and defending a dynamite deposition in your next employment case by Diane M. Saunders, MCLE, 2010.
Contact
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| Last updated: | March 11, 2025 |
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