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HD 2383

An Act establishing the Massachusetts Interstate Depositions and Discovery Act

194th Legislature (2025-2026) Introduced by Jay Livingstone

Massachusetts creates Chapter 233A to recognize and enforce foreign discovery subpoenas, with clerks issuing MA subpoenas, protective rules, and reciprocity, effective Jan 1, 2026.

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Bill Summary · HD 2383

Summary: Massachusetts Interstate Depositions and Discovery Act (HD 2383)

Overview and Purpose

  • Purpose: Establish a formal framework for depositions and discovery in Massachusetts that arise from civil actions filed in other states or foreign jurisdictions.
  • Status: Introduced in the 2025-2026 General Court session as House Bill 2383 (the full text references a House petition accompanying a bill; it proposes creating a new Chapter 233A in the General Laws).

Key Provisions

Creation of Chapter 233A

  • The bill adds Chapter 233A to the General Laws, titled the Massachusetts Interstate Depositions and Discovery Act.
  • It governs how out-of-state (foreign) subpoenas and court orders are handled for discovery in Massachusetts.

Definitions (Section 2)

  • Foreign jurisdiction: Any state other than Massachusetts.
  • Foreign subpoena: A subpoena issued by a court of record in a foreign jurisdiction.
  • State: Includes U.S. states, D.C., territories, and other defined jurisdictions.
  • Subpoena: Any document requiring attendance at deposition, production/inspection of documents or tangible things, or inspection of premises, issued under a foreign court’s authority.

Issuance of Subpoena (Section 3)

  • A party must submit to a Massachusetts clerk (in the county where discovery is sought):
    • The foreign subpoena or foreign court order,
    • A Massachusetts subpoena for signature by the clerk,
    • A list of counsel/parties and their contact information,
    • A filing fee set by the court.
  • The request for issuance does not constitute an appearance in Massachusetts courts.
  • Unrepresented parties may request subpoenas; signing of the foreign subpoena by an unrepresented party is allowed only if authorized by the foreign jurisdiction’s rules.
  • Clerk issues a Massachusetts-subpoena to serve on the person named in the foreign subpoena, incorporating terms and providing counsel contact details and a notice of right to move to quash or modify.

Service of Subpoena (Section 4)

  • Service must follow Massachusetts Rules of Civil Procedure, Rule 45(c).

Deposition, Production, and Inspection (Section 5)

  • Subparts of Massachusetts Rule 45 apply to subpoenas issued under this act.

Applications to Court (Section 6)

  • Protective orders, enforcement, quashing, or modification requests under this act must follow Massachusetts Rules 26(b) and 45(d)(1) and be filed in the appropriate county court.

Reciprocity (Section 7)

  • If the foreign jurisdiction has not enacted substantially similar provisions, the foreign subpoena must comply with Section 11 of Chapter 223A (Massachusetts law governing cross-border discovery).

Effective Date and Application (Section 2)

  • Effective January 1, 2026.
  • Applies to requests for discovery in cases that are pending as of that date.

Who is Affected

  • Massachusetts courts (especially clerks of court and trial/tribunal judges in discovery matters).
  • Massachusetts lawyers and represented/unrepresented parties involved in out-of-state civil actions.
  • Out-of-state litigants seeking discovery in Massachusetts-based proceedings or those with Massachusetts-linked discovery requests.
  • Foreign jurisdictions’ subpoenas seeking recognition in Massachusetts.

Practical Implications

  • Creates a streamlined, standardized process for recognizing and enforcing out-of-state subpoenas in Massachusetts.
  • Maintains Massachusetts procedural protections (right to quash/modify; protective orders) and requires compliance with MA Rules of Civil Procedure.
  • Introduces reciprocity principles to ensure fairness when foreign jurisdictions lack comparable procedures.

Notes

  • The bill’s status is not specified in the provided text; the content reflects the enacted provisions as drafted.
  • The stated effective date is January 1, 2026, with applicability to discovery requests in cases pending as of that date.

Compiled from official sources — confirm details with the bill’s official record.

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