Legal Question in Civil Litigation in Massachusetts

Re: dismiss without prejudice

You are also facing a statute of limitation problem if a dismissal is granted. You can petition the court to postpone the deposition, or do it by phone.

Re: dismiss without prejudice

You have two options here. First, you could propose a dismissal without prejudice. Depending on (a) how far the case has gone procedurally; and (b) the relationship between the parties, such a dismissal may be consented to, but my guess would be that it is not likely unless you agreed to pay certain attorney's fees and costs.

The second option is to move for a protective order or to ask for what is known as a stay (legalese for temporary halt) of the entire case. You would have to produce a fairly forceful, comprehensive letter from your physician describing your condition and specifically identifying your limitations on travel. I think a stay is more likely to be granted, if only because it means that both parties are shut down from litigating; the motion for protective order would only tie the other side's hands from deposing you but in theory would allow you or your attorney to depose the other side. Since the other side will not easily let you have it both ways, a stay is a much better idea. The probate courts move slowly and the real estate market is in rough shape even here, so I don't see why a stay of six months should be so controversial. Please contact me if you wish to discuss this further.