Requesting Discovery Form With Court In Massachusetts
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FAQ
Generally, the prosecution must provide discovery within a set period after the defense's formal request, often ranging from a few weeks to several months. Evidence should be available to the defense either at the preliminary hearing or after the accused has been indicted by a grand jury.
This rule establishes a limited right to discovery in summary process actions. In keeping with the need for expeditious procedure, an automatic postponement of the trial date for two weeks from the originally scheduled date results from the timely service and filing of a discovery demand.
Massachusetts recognizes the “discovery rule,” which allows the statute of limitations to start when an injury is identified or reasonably should have been recognized, not necessarily from the date of the incident.
The party of whom discovery is demanded shall respond by filing and serving answers to the interrogatories and/or responses to the requests for admission, and/or by producing the documents no later than ten days after receipt of the requests. The response shall be completed upon its receipt.
"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, ...
The Massachusetts discovery rule, in essence, alters the starting point of the statute of limitations. Rather than commencing from the date of the incident, it begins when the injury is discovered or reasonably should have been discovered.
How Does Discovery Work? There are four main types of discovery requests: (1) depositions; (2) interrogatories; (3) requests for admissions; and (4) requests for the production of documents. Depositions are formal witness interviews.
How Long Does it Take to Get Discovery in a Criminal Case? Generally, the prosecution must provide discovery within a set period after the defense's formal request, often ranging from a few weeks to several months.
Discovery Rule in Massachusetts The discovery rule allows the statute of limitations to start when the injury was discovered or reasonably should have been discovered rather than from the actual incident date.
