Legal Question in Wills and Trusts in Massachusetts

Depositions not required in a civil suit

In Massachusetts, in the Probate Courts (the rules are different in each of the different branches of the trial courts), both the plaintiff and the defendant are afforded rights of discovery. These rights permit the parties to "discover" information that is relevant to their case, in the hopes that the information discovered will allow the parties to either settle before trial or to conduct an efficient trial. The idea is that both parties will be prepared, so there are no surprises, and the outcome should be predictable.

With that said, one of the discovery tools is the deposition. At a deposition, the person being deposed (the one answering questions) is called the deponent, and s/he is asked questions under oath. The questions and answers are recorded by a court reporter. Both parties have a right to depose the other, and to depose other individuals who have relevant information about the case. The rules of procedure for the Probate Court state the procedure by which a deposition is "noticed" (how a person who wishes to take a deposition must notify the individual who is being deposed).

Your question asks if there is a law that REQUIRES the plaintiff to depose a defendant. There is not. If a plaintiff follows the proper rules to notify the defendant that s/he will take a deposition, then the defendant must make themselves available and subject themselves to questions under oath.

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There is no order for depositions

I am unaware of any law or rule that requires a defendant to be deposed before a plaintiff inMassachusetts. Whoever schedules first takes first.

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