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Massachusetts Discovery Practice

Essential tools for pretrial litigation

1100 pages in 2 volumes (printed book)
3rd Edition 2017
© 2017 MCLE, Inc.
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Product Description

Massachusetts Discovery Practice is the Massachusetts lawyer's essential guide to discovery and investigation in the information age. It addresses important preliminary tasks such as client interviewing and creating a discovery plan as well as such diverse topics as internal investigations, confidential communications, electronic discovery, and foreign witnesses. Practice notes, judicial and ethics commentary, checklists, and sample forms clearly lay out the essential elements, potential pitfalls, and best practices associated with each step of the process. No litigator should be without it!

Recent updates:

  • Update: January 2017

    Dear Subscriber:

    Thank you for updating your reference library with the 2017 edition of Massachusetts Discovery Practice. Highlights from recent developments include the following:

    • proportionality principles incorporated in the federal rules and in the Mass. R. Civ. P. 26(c) provisions on protective orders;
    • amendments to the public records laws and recent case law on protection for work product in public records;
    • divergent Superior Court opinions on whether a default judgment is discretionary or mandatory following an application for entry of final judgment pursuant to Mass. R. Civ. P. 33(a)(4);
    • changes to Rule 45 of the Massachusetts Rules of Civil Procedure authorizing the use of "documents only" subpoenas;
    • provisions set forth at Mass. Super. Ct. R. 30A (formerly Superior Court Standing Order 1-09) setting out standard discovery definitions and requiring specificity in the respondent's objections;
    • an amendment to Mass. R. Civ. P. 34 allowing production of electronic copies in lieu of originals, provided that an opportunity for verification is afforded upon request;
    • amendments to the Federal Rules of Civil Procedure addressing the preservation and spoliation of electronically stored information;
    • a comparison of the state and federal discovery rules in light of recent amendments; and
    • updated ethics and judicial commentary, including commentary from two recently added contributors, the Honorable Robert B. Gordon and the Honorable Paul D. Wilson.

    We trust you will find the 2017 edition of Massachusetts Discovery Practice a valuable resource, as we at MCLE continue our efforts to bring you the latest solutions to the issues you face in your practice.

    Very truly yours,

    John M. Lawlor, Esq., MCLE Publications Attorney

Table of Contents

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Chapter 1 - An Introduction to Massachusetts Discovery Practice (Buy Chapter)
Chapter 2 - Analyzing Discovery and Investigation Issues (Buy Chapter)
Chapter 3 - Creating a Discovery Plan (Buy Chapter)
Chapter 4 - Selected Case Investigation Techniques (Buy Chapter)
Chapter 5 - Conducting Internal Investigations (Buy Chapter)
Chapter 6 - Obtaining Information from Government Sources (Buy Chapter)
Chapter 7 - Using the Internet in Discovery and Investigation (Buy Chapter)
Chapter 8 - Preservation and Spoliation of Evidence (Buy Chapter)
Chapter 9 - Protecting Confidential Information Before and During Discovery (Buy Chapter)
Chapter 10 - Interrogatories (Buy Chapter)
Chapter 11 - Requests for Documents and Things and for Entry upon Land (Buy Chapter)
Chapter 12 - Organizing Documents Identified During Discovery in Complex Cases (Buy Chapter)
Chapter 13 - Depositions (Buy Chapter)
Chapter 14 - Physical and Mental Examinations (Buy Chapter)
Chapter 15 - Requests for Admission (Buy Chapter)
Chapter 16 - Evidentiary Privileges (Buy Chapter)
Chapter 17 - Attorney-Client Privilege and the Work Product Doctrine (Buy Chapter)
Chapter 18 - Discovery from Out-of-State and Foreign Nonparty Witnesses (Buy Chapter)
Chapter 19 - Discovery Motions and Appeals (Buy Chapter)
Chapter 20 - Electronic Discovery (Buy Chapter)
Chapter 21 - An Overview of Differences Between State and Federal Discovery Practice (Buy Chapter)
Chapter 22 - Discovery Relating to Experts (Buy Chapter)
Chapter 23 - Discovery in Alternative Forums: Labor and Employment Cases (Buy Chapter)


Judicial Commentator(s)

Hon. Robert B. Gordon, Superior Court, Commonwealth of Massachusetts, Boston
Hon. Leila R. Kern, Superior Court, Commonwealth of Massachusetts, Boston
Hon. Paul D. Wilson, Superior Court, Commonwealth of Massachusetts, Boston

Ethical Commentator(s)


Brian M. Casaceli, Esq., Mirick, O'Connell, DeMallie & Lougee LLP, Westborough
Ethan I. Davis, Esq., Fresenius Medical Care North America, Waltham
Samuel M. Furgang, Esq., Office of the Attorney General, Commonwealth of Massachusetts, Boston
Ara B. Gershengorn, Esq., Harvard University Office of General Counsel, Cambridge
Martha A. Mazzone, Esq., Fidelity Investments, Boston
Domenic Paolini, Esq., Paolini & Haley , Woburn
A. W. "Chip" Phinney, III, Esq., Supreme Judicial Court, Commonwealth of Massachusetts, Boston
Matthew D. Sweet, Esq., Hamel, Marcin, Dunn, Reardon & Shea PC, Boston
George E. Wakeman, Jr., Esq., Adler, Cohen, Harvey, Wakeman & Guekguezian, LLP, Providence



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