Product Description

Recent updates:

• Update: January 2026

  Dear Subscriber,

  Thank you for choosing to stay current on deposition practice in Massachusetts with this 2026 edition of MCLE's Massachusetts Deposition Practice Manual . The updated information contained in this edition includes discussions of the following topics:

  • Coordinating depositions with interrogatories and document production. See chapter 2 for litigation considerations relative to remote depositions, and the manner in which attorneys may introduce exhibits while examining a witness via a remote deposition platform. A recommendation is offered regarding sharing documents in advance and the use of portable document format (PDF) copies.

  • Caution on misuse of errata sheets. Chapter 5 adds an editor's note on the consequences of a witness using errata sheets to change testimony.

  • Timeliness of Notice of Removal. See chapter 15 for citations and analysis of the determination as to whether a notice of removal is timely.

  • Deposition transcripts as "other paper." Chapter 15 adds a discussion and First Circuit citations addressing the statutory interpretation of a deposition testimony transcript as "other paper" for the purpose of determining whether a notice of removal is timely.

  • Deposition strategies in employment cases. Chapter 18 includes an editorial note addressing Rule 4.2 of the Massachusetts Rules of Professional Conduct's amendments and cases where former employees could have been contacted even if they had been current employees. It also warns about other potential ethics implications related to the gathering of evidence.

  We at MCLE trust that you will find this new material useful in your practice and valuable in keeping your copy of the publication current.

  Cordially,

  MCLE Press

Table of Contents

Chapter 01 expand

Goals and Strategies

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Lynette Paczkowski, Esq., Bowditch & Dewey LLP

Chapter 02 expand

Basic Procedure and Preparing to Take In-Person Depositions

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Karen Guthrie, Esq., Division of Administrative Law Appeals
Michael H. Hayden, Esq., Morrison Mahoney LLP

Exhibit 2A

- Notice of Deposition of Plaintiff Buy Form

Exhibit 2B

- Notice of Deposition of Corporation Pursuant to Rule 30(b)(6) Buy Form

Exhibit 2C

- Motion for Commission to Take Deposition Outside the Commonwealth of Massachusetts Buy Form

Exhibit 2D

- Rule 30 Notice of Deposition (Audiovisual Deposition) Buy Form

Exhibit 2E

- Rule 30 Notice of Deposition (Audiovisual Expert Witness Deposition for Trial) Buy Form

Chapter 03 expand

Taking Depositions in Federal Court

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Christopher A. Callanan, Esq., Callanan Law LLP
Karen Guthrie, Esq., Division of Administrative Law Appeals

Chapter 04 expand

Remote Depositions in State Courts of Massachusetts

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Harold O. Beede, Esq., Dalton & Finegold LLP
Karen Guthrie, Esq., Division of Administrative Law Appeals

Exhibit 4A

- Sample Notice of Taking Remote Deposition Buy Form

Chapter 05 expand

Preparing to Defend a Deposition

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Lynette Paczkowski, Esq., Bowditch & Dewey LLP

Checklist 5.1

- Pointers for the Deposition Witness Buy Form

Chapter 06 expand

Predeposition Motions

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Eileen M. Hagerty, Esq., Kotin, Crabtree & Strong LLP

Exhibit 6A

- Motion to Take Depositions Prior to Expiration of Thirty Days After Service of Complaint and Summons Buy Form

Exhibit 6B

- Emergency Motion for Commission to Appoint Person Before Whom Oral Deposition May Be Taken (Outside Massachusetts) Buy Form

Exhibit 6C

- Order for Subpoena Duces Tecum to Compel Testimony Witness and Production of Documents Buy Form

Exhibit 6D

- Commission Buy Form

Exhibit 6E

- Application for Discovery Order Buy Form

Exhibit 6F

- Motion for Leave to Take Telephone Depositions Buy Form

Exhibit 6G

- Motion to Conduct Deposition Buy Form

Exhibit 6H

- Motion for a Protective Order Buy Form

Exhibit 6I

- Memorandum in Support of Protective Order Buy Form

Exhibit 6J

- Motion to Quash Subpoena Buy Form

Exhibit 6K

- Memorandum of Law in Support of Motion to Quash Subpoena Buy Form

Exhibit 6L

- Affidavit in Support of Motion to Quash Subpoena Buy Form

Chapter 07 expand

Taking the Deposition

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Francis D. Dibble, Jr., Esq.,
Lisa N. Harty, Esq., Bulkley, Richardson and Gelinas LLP
Christopher J. Visser, Esq., Bulkley, Richardson and Gelinas LLP

Exhibit 7A

- Outline of Deposition of Plaintiff in Slip-and-Fall Tort Case Buy Form

Chapter 08 expand

Defending the Deposition

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Edward C. Cooley, Esq., Giarrusso, Norton, Cooley & McGlone, PC

Chapter 09 expand

Postdeposition Matters

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Brendan Michael Donahue, Esq., Day Pitney LLP
Michael P. Mullins, Esq., Day Pitney LLP

Exhibit 9A

- Sample Motion to Compel Deposition Testimony Buy Form

Exhibit 9B

- Sample Deposition Transcript Errata Sheet Buy Form

Chapter 10 expand

Using Depositions in Civil Litigation

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Rebecca Harrigal, Esq.,

Exhibit 10A

- Mass. R. Civ. P. 32 Buy Form

Chapter 11 expand

Using Depositions in Criminal Litigation

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Hon. Jason Y. Chan, District Court, Commonwealth of Massachusetts

Chapter 12 expand

Audiovisual Depositions

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Christopher A. Callanan, Esq., Callanan Law LLP

Chapter 13 expand

Deposing Medical and Technical Experts

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Edward C. Bassett, Jr., Esq., Mirick, O'Connell, DeMallie & Lougee LLP

Chapter 14 expand

Deposing Accountants

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H. Luke Mitcheson, Esq., Morgan & Morgan, PA
Andrew A. Rainer, Esq., Brody, Hardoon, Perkins & Kesten LLP

Chapter 15 expand

Depositions in Class Actions

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Theodore M. Hess-Mahan, Esq., Hutchings Barsamian Mandelcorn LLP

Checklist 15.1

- Adequacy and Typicality Checklist for Use When Preparing or Questioning a Class Representative Buy Form

Chapter 16 expand

Preparing for and Taking Depositions in Domestic Relations Cases

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Jennifer Sevigney Durand, Esq., Durand Family Law LLC

Checklist 16.1

- Document Checklist for a Divorce Case Buy Form

Exhibit 16A

- Notice of Deposition Buy Form

Exhibit 16B

- Motion for Letter Rogatory to Issue Buy Form

Exhibit 16C

- Form of Letter Rogatory to Appropriate Authority Buy Form

Exhibit 16D

- Motion for Issuance of Commission to Take Deposition Buy Form

Exhibit 16E

- Form of Commission to Take Deposition Buy Form

Exhibit 16F

- Order Issuing Commission Buy Form

Exhibit 16G

- Massachusetts Bar Association Civility Guidelines for Family Law Attorneys Buy Form

Exhibit 16H

- Direct Examination of Party Claiming Privilege Against Self-Incrimination Buy Form

Exhibit 16I

- Outline of Deposition of Expert Witness Buy Form

Exhibit 16J

- Vaughan v. Vaughan, No. 91-485 (Mass. Nov. 25, 1991) (Greaney, Single J.) Buy Form

Exhibit 16K

- Tibbetts v. Tibbetts, No. 92-J-760 (Mass. App. Ct. Oct. 14, 1992) Buy Form

Exhibit 16L

- Direct Examination of Telephone Company Representative Buy Form

Chapter 17 expand

Additional Topics in Domestic Relations Cases

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Calvin J. Heinle, Esq., Gibbs Heinle Maiona LLP
Christie G. Jacobi, Esq., Gibbs Heinle Maiona LLP

Chapter 18 expand

Depositions in Employment Litigation

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Cheri L. Crow, Esq.,
Helen G. Litsas, Esq., Law Office of Helen G. Litsas

Editor(s)

Author(s)