Legal Question in Civil Litigation in Massachusetts
Massachusetts - Sequence of Depositions
Is there a rule in Mass. state courts that whichever side gets their deposition notice served first gets to take the first deposition?
3 Answers from Attorneys
Re: Massachusetts - Sequence of Depositions
There's no such rule, although I would think that the notice that was served first would prevail if there were competing notices sent each way that scheduled exactly the same time for deposition. In any event, where there are deposition scheduling conflicts, the courts expect the attorneys to work out the details between or among them without creating additional problem or issues for the court to decide.
Re: Massachusetts - Sequence of Depositions
No such rule exists.
Re: Massachusetts - Sequence of Depositions
It is not the date of service, as much as it is the scheduled date for the deposition.