Massachusetts Demand for Discovery in an Action for an Accounting

State:
Multi-State
Control #:
US-L0107C
Format:
Word; 
Rich Text
Instant download

Description

This document is the plaintiff's demand for discovery in a lawsuit filed by a former partner seeking an accounting of his former firm, when the partnership agreement did not provide for an accounting. It contains a request for production of documents.

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FAQ

You or your lawyer may file a motion for discovery to request that the state produce evidence it plans to introduce at trial. Your lawyer needs to know the type of evidence the state will use against you at trial so that they can properly prepare for your case.

If the Plaintiff did not give you the documents you asked for in Discovery, you can use a Motion to Compel to ask the judge to order the Plaintiff to give you the documents. To learn more about discovery, visit .masslegalhelp.org and search ?What is Discovery?? and ?Request for Production of Documents.?

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.

If the court grants your attorney's motion to compel discovery, the other party must comply with the judge's order and supply the requested materials within any deadline specified. If they fail to do so, sanctions can be issued in varying levels of severity depending on how egregious their noncompliance was.

"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, ...

A Motion to Compel Discovery may be filed by any interested party to request the court order an opposing party or a third party to produce a response to a discovery request for documentation or information. NOTE: This event is to compel discovery only.

Discovery may include a deposition, requiring a witness to answer questions about the case before the trial. The witness answers questions from the lawyer under oath, in the presence of a court reporter, who produces a word-for-word account called a transcript.

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Massachusetts Demand for Discovery in an Action for an Accounting