Superior Court Rules

Superior Court Rules  Superior Court Rule 72: Depositions-Manner of taking

(Applicable to criminal cases so far as depositions may be taken by statute. See G.L. c. 277, §§ 76-77)

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Rule 72

Where a deposition is taken on interrogatories, the commissioner shall take such deposition in a place separate and apart from all other persons, and shall permit no person to be present during such examination except the deponent himself, and such disinterested person, if any, as he may think fit to appoint as a clerk or stenographer to assist him in reducing the deposition to writing. The commissioner shall permit no person to communicate by interrogatories or suggestions with the deponent while giving his deposition. The commissioner shall put the several interrogatories and cross-interrogatories to the deponent in their order, and shall take the answer of the deponent to each, fully and clearly, before the proceeding to the next; and shall not read to the deponent, nor permit the deponent to read, a succeeding interrogatory, until the answer to the preceding has been fully taken down. The clerk, on issuing a commission to take a deposition on interrogatories, shall insert the substance of this rule therein; or shall annex this rule, or the substance thereof, to the commission, by way of notice and instruction to the commissioner.

Depositions shall be opened and filed by the clerk when received.

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