Bill > H5056

This bill, by adopting the Uniform Interstate Depositions and Discovery Act, modifies how legal proceedings in Massachusetts handle requests for evidence, called "discovery," from other states or foreign jurisdictions. It clarifies that a "foreign jurisdiction" is any state other than Massachusetts, and a "foreign subpoena" is a legal order from a court in such a jurisdiction compelling someone to provide testimony, documents, or allow inspections. The bill outlines a process where a party involved in a legal case outside of Massachusetts can submit a foreign subpoena or court order to a Massachusetts court clerk, along with a request for a Massachusetts subpoena, details of all parties involved in the foreign case, and a filing fee. This allows for the issuance of a Massachusetts subpoena to compel compliance with the foreign request, and it specifies that Massachusetts Rules of Civil Procedure, particularly Rule 45 concerning subpoenas, will govern these actions, including how to enforce, cancel, or change such subpoenas. The bill also allows an attorney licensed in Massachusetts to issue a subpoena directly if they receive the foreign subpoena, and it emphasizes that the law should be interpreted to promote uniformity with other states that adopt similar legislation. This new section will become effective on January 1, 2027.

Budget and Finance

Joint Committee on the Judiciary (Joint)

https://malegislature.gov/Bills/194/H5056