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Table of Contents

Chapter 01 expand

An Introduction to Massachusetts Discovery Practice

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Mackenzie C. McBurney, Hinckley Allen LLP
Michelle R. Peirce, Esq., Hinckley Allen & Snyder LLP

Chapter 02 expand

Analyzing Discovery and Investigation Issues

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Michael G. Bongiorno, Esq., Wilmer Cutler Pickering Hale and Dorr LLP
Benjamin Conery, Esq., Wilmer Cutler Pickering Hale and Dorr LLP

Checklist 2.1

- Checklist of Initial Questions to Ask in Identifying Employees Responsible for the Subject Transaction Buy Form

Chapter 03 expand

Creating a Discovery Plan

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Stephen C. Reilly, Esq., Fitch Law Partners LLP

Exhibit 3A

- Sample Keeper-of-the-Records Subpoena Buy Form

Exhibit 3B

- Sample Superior Court Rule 13 Order Buy Form

Exhibit 3C

- Sample Release Prior to Inspection Buy Form

Exhibit 3D

- Sample Letter Confirming Discovery Agreement Buy Form

Exhibit 3E

- Sample Motion to Amend Tracking Order Buy Form

Chapter 04 expand

Selected Case Investigation Techniques

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Brian M. Casaceli, Esq., Mirick, O'Connell, DeMallie & Lougee LLP
Danielle Kemp, Mirick, O'Connell, DeMallie & Lougee LLP

Checklist 4.1

- Investigation Game Plan Buy Form

Checklist 4.2

- Client Meeting Agenda Buy Form

Checklist 4.3

- Outline of Client Interview Buy Form

Checklist 4.4

- Checklist for Client Interview Buy Form

Exhibit 4A

- Initial Chronology Buy Form

Exhibit 4B

- Updated Chronology Buy Form

Exhibit 4C

- Litigation Chronology Buy Form

Exhibit 4D

- Joint Representation Agreement Buy Form

Chapter 05 expand

Conducting Internal Investigations

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Ara B. Gershengorn, Esq., Office of General Counsel, Harvard University

Checklist 5.1

- Sample Investigation Checklist Buy Form

Exhibit 5A

- Sample Joint Defense Agreement Buy Form

Chapter 06 expand

Obtaining Information from Government Sources

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Michael E. Brangwynne, Esq., Fletcher Tilton, PC
Anthony Moroso, Fletcher Tilton, PC
Damon M. Seligson, Esq., DiNicola, Seligson & Upton LLP
Andrew F. Upton, Esq., Upton Connell & Devlin, LLP

Exhibit 6A

- Public Records Request Buy Form

Chapter 07 expand

Using the Internet in Discovery and Investigation

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Amanda Bailey, KPMG LLP
Domenic Paolini, Esq., Paolini & Haley

Chapter 08 expand

Preservation and Spoliation of Evidence

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Mark J. Hoover, Esq., Pierce Davis & Perritano LLP

Exhibit 8A

- Sample Memorandum of Law in Support of Motion to Exclude Evidence Buy Form

Exhibit 8B

- Sample Motion to Limit the Testimony of Plaintiffs’ Expert Buy Form

Chapter 09 expand

Protecting Confidential Information Before and During Discovery

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Jamie N. Dalton, Esq., Morse
John J. Tumilty, Esq., Morse
Paige Zacharakis, Esq., Morse, Barnes-Brown & Pendleton, PC

Exhibit 9A

- Sample Confidentiality Order (One-Tier) Buy Form

Exhibit 9B

- Sample Confidentiality Order (Two-Tier) Buy Form

Exhibit 9C

- Assent to Be Bound by Confidentiality Order Buy Form

Chapter 10 expand

Interrogatories

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Andrea L. Davulis, Esq., McCormack Suny LLC

Exhibit 10A

- Sample Final Request for Answers Pursuant to Mass. R. Civ. P. 33(a)(3) Buy Form

Exhibit 10B

- Sample Application for Entry of Final Judgment Pursuant to Mass. R. Civ. P. 33(a)(4) Buy Form

Exhibit 10C

- Sample Affidavit in Support of Application for Final Judgment Pursuant to Mass. R. Civ. P. 33(a)(4) Buy Form

Exhibit 10D

- Sample Interrogatories in Products Liability Case Buy Form

Exhibit 10E

- Sample Interrogatories in Medical Malpractice Case Buy Form

Exhibit 10F

- Sample Interrogatories in Employment Discrimination Case Buy Form

Chapter 11 expand

Requests for Documents and Things and for Entry upon Land

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Tyler E. Chapman, Esq., Todd & Weld LLP
Michael F. Connolly, Esq., Rubin and Rudman LLP
A. W. Phinney, III, Esq., Supreme Judicial Court, Commonwealth of Massachusetts

Exhibit 11A

- Sample Requests for Production of Documents Buy Form

Exhibit 11B

- Sample Response to Requests for Production of Documents Buy Form

Exhibit 11C

- Bibliography Buy Form

Chapter 12 expand

Organizing Documents Identified During Discovery in Complex Cases

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Michelle Treadwell Briggs, Esq., Goodwin Procter LLP
Danielle M. Panetta, Esq., Goodwin Procter LLP

Checklist 12.1

- Checklist for Developing a Names Directory Buy Form

Checklist 12.2

- Checklist of Fields to Include in Document Databases Buy Form

Exhibit 12A

- Sample Data Entry Form Buy Form

Exhibit 12B

- Sample Display of Fields on Computer Screen Buy Form

Exhibit 12C

- Sample Privilege Log Buy Form

Exhibit 12D

- Sample Deposition Summary Form Buy Form

Chapter 13 expand

Depositions

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Joseph Rutkowski, Esq., Mintz Levin Cohn Ferris Glovsky and Popeo, PC
Adam P. Samansky, Esq., Mintz Levin Cohn Ferris Glovsky and Popeo, PC

Checklist 13.1

- Checklist for Taking an Effective Deposition Buy Form

Exhibit 13A

- Notice of Deposition Pursuant to Rule 30(b)(6) (Sample No. 1) Buy Form

Exhibit 13B

- Notice of Deposition Pursuant to Rule 30(b)(6) (Sample No. 2) Buy Form

Exhibit 13C

- Sample Notice for Deposition of Individual Buy Form

Exhibit 13D

- Advice for a Witness Prior to a Deposition Buy Form

Chapter 14 expand

Physical and Mental Examinations

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Samuel M. Furgang, Esq., Office of the Attorney General, Commonwealth of Massachusetts

Exhibit 14A

- Motion for Independent Medical Examination Buy Form

Exhibit 14B

- Memorandum in Support of Motion for Independent Medical Examination Buy Form

Exhibit 14C

- Motion for Independent Mental Examination Buy Form

Exhibit 14D

- Memorandum in Support of Motion for Independent Mental Examination Buy Form

Exhibit 14E

- Plaintiff’s Memorandum in Opposition to Defendant’s Motion for Neurological Examination Buy Form

Exhibit 14F

- Opposition to Motion to Conduct Rule 35 Examination and to Obtain Medical and Employment Records from Plaintiff Buy Form

Chapter 15 expand

Requests for Admission

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John Gallagher, Esq., Global Partners LP
Kevin J. O'Connor, Esq., Mirick, O'Connell, DeMallie & Lougee LLP

Exhibit 15A

- Sample Requests for Admissions Buy Form

Exhibit 15B

- Sample Responses to Requests for Admissions Buy Form

Exhibit 15C

- Sample Motion to Determine Sufficiency of Responses and to Deem Matters Admitted Buy Form

Exhibit 15D

- Sample Motion to Withdraw and Amend Responses Buy Form

Exhibit 15E

- Sample Motion for Expenses for Failure to Admit Buy Form

Exhibit 15F

- Sample Declaration of Counsel in Support of Motion for Expenses for Failure to Admit Buy Form

Exhibit 15G

- Bibliography Buy Form

Chapter 16 expand

Evidentiary Privileges

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William Eugene Evans, Esq., Goodwin Procter LLP

Chapter 17 expand

Attorney-Client Privilege and the Work Product Doctrine

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J. Allen Holland, Jr., Esq., Rich May, PC
Christopher M. Hynes, Esq., Rich May, PC

Checklist 17.1

- Attorney-Client Privilege Checklist Buy Form

Checklist 17.2

- Checklist for Application of the Attorney-Client Privilege to Corporate Agents Buy Form

Checklist 17.3

- Checklist for Application of the Attorney-Client Privilege Within a Law Firm Buy Form

Checklist 17.4

- Checklist Regarding Waiver of the Attorney-Client Privilege Buy Form

Checklist 17.5

- Checklist Regarding Inadvertent Disclosures and the Attorney-Client Privilege Buy Form

Checklist 17.6

- Checklist of Conditions for Overcoming the Work Product Doctrine Buy Form

Checklist 17.7

- Checklist of Components of a Privilege Log Buy Form

Chapter 18 expand

Discovery from Out-of-State and Foreign Nonparty Witnesses

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Joshua W. Gardner, Esq., Gardner & Rosenberg PC
Nicholas J. Rosenberg, Esq., Gardner & Rosenberg PC

Exhibit 18A

- Motion for Letters Rogatory and Associated Papers Buy Form

Exhibit 18B

- Request for Appointment of Commission Buy Form

Exhibit 18C

- Proposed Order for Appointment of Commission Buy Form

Exhibit 18D

- Application for Issuance of Request for the Examination of Witness Pursuant to the Hague Convention for the Taking of Evidence Abroad Buy Form

Exhibit 18E

- Request for International Judicial Assistance Pursuant to the Hague Convention Buy Form

Exhibit 18F

- Sample Cover Letter Buy Form

Exhibit 18G

- Originating Motion and Associated Papers for Filing with Australian Court Buy Form

Exhibit 18H

- Bibliography Buy Form

Chapter 19 expand

Discovery Motions and Appeals

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James P. Hoban, Esq., Mirick, O'Connell, DeMallie & Lougee LLP

Exhibit 19A

- Request for Final Answers to Interrogatories Buy Form

Exhibit 19AA

- Motion for Leave to Take the Deposition of Defendant’s Expert Witness Buy Form

Exhibit 19B

- Plaintiff’s Motion to Compel Responses to Request for Production (No Response) Buy Form

Exhibit 19BB

- Motion to Strike Plaintiff’s Supplemental Interrogatory Answer and for an Order Precluding Plaintiff from Offering Expert Testimony on Damages at Trial Buy Form

Exhibit 19C

- Application for Entry of Final Judgment for Relief or Dismissal Buy Form

Exhibit 19CC

- Opposition to Motion for Leave to Depose Expert Witness Buy Form

Exhibit 19D

- Affidavit Pursuant to Mass. R. Civ. P. 33(a)(4) in Support of Application for Final Judgment for Relief or Dismissal Buy Form

Exhibit 19DD

- Motion to Strike Emergency Motion for Issuance of Letter Rogatory Buy Form

Exhibit 19E

- Motion to Compel Answers to Interrogatories (No Response Received) Buy Form

Exhibit 19EE

- Motion to Compel Plaintiff to Submit to Physical Examination Pursuant to Mass. R. Civ. P. 35(a) Buy Form

Exhibit 19F

- Plaintiff’s Motion to Compel Nonparty Witness to Comply with Subpoena Duces Tecum and for Costs Buy Form

Exhibit 19FF

- Motion to Compel Defendant to Permit Entry upon Land to Conduct Inspection Buy Form

Exhibit 19G

- Plaintiff’s Motion to Compel Nonparty Witness to Comply with Deposition Subpoena and for Costs Buy Form

Exhibit 19GG

- Joint Opposition of Defendant and Nonparty Expert Witness to Plaintiff’s Motion to Compel Production of Documents Buy Form

Exhibit 19H

- Plaintiff’s Motion for Issuance of a Letter Rogatory to Out-of-State Court Buy Form

Exhibit 19HH

- Opposition to Motion to Compel Entry upon Land and Request for Protective Order Buy Form

Exhibit 19I

- Plaintiff’s Motion to Compel Compliance with Deposition Subpoena to Keeper of Records Buy Form

Exhibit 19II

- Motion to Quash Deposition Subpoena of Massachusetts Department of Environmental Protection Employee Buy Form

Exhibit 19J

- Plaintiff’s Motion to Compel Compliance with Renotice of Deposition Pursuant to Mass. R. Civ. P. 30(b)(6) Buy Form

Exhibit 19JJ

- Petition to the Single Justice for Reversal of Order Permitting Subpoena of Mental Health Records Buy Form

Exhibit 19K

- Affidavit of Compliance with Superior Court Rule 9C Buy Form

Exhibit 19KK

- Memorandum in Support of Petition to the Single Justice Buy Form

Exhibit 19L

- Affidavit of Compliance Pursuant to Superior Court Rule 9A Buy Form

Exhibit 19LL

- Emergency Motion to Superior Court for Stay to Permit Interlocutory Review by Single Justice Buy Form

Exhibit 19M

- List of Documents Pursuant to Superior Court Rule 9A Buy Form

Exhibit 19MM

- Motion to Single Justice to Stay Lower Court’s Order Pending Resolution of Petition to the Single Justice Buy Form

Exhibit 19N

- Defendant’s Motion to Compel Further Response to Request for Production of Documents Buy Form

Exhibit 19NN

- Motion of Nonparty Witness for Reconsideration on Plaintiff’s Motion to Compel Production of Documents Buy Form

Exhibit 19O

- Motion to Quash Deposition Subpoena Buy Form

Exhibit 19OO

- Opposition to Motion to Compel Third-Party Defendant’s Deposition Buy Form

Exhibit 19P

- Application for Inspection of Hospital Records Buy Form

Exhibit 19PP

- Motion for Protective Order (in Absence of Factual Basis for Claim) Buy Form

Exhibit 19Q

- Order Requiring Hospital to Produce Medical Records Buy Form

Exhibit 19QQ

- Motion to Test Sufficiency of Responses to Request for Admissions Buy Form

Exhibit 19R

- Affidavit of Notice of Intent to Apply for Medical Records Buy Form

Exhibit 19RR

- Standing Order Concerning Petitions to the Single Justice Buy Form

Exhibit 19S

- Motion to Compel Execution of Social Security Administration Consent for Release of Information Buy Form

Exhibit 19T

- Motion to Compel Keeper of Records to Comply with Subpoena Duces Tecum Buy Form

Exhibit 19U

- Order Finding Waiver of Privilege and Compelling Compliance with Subpoena Duces Tecum Buy Form

Exhibit 19V

- Motion to Quash Subpoena Duces Tecum Served on Defendant’s Treating Psychiatrist and for Protective Order Buy Form

Exhibit 19W

- Motion for Criminal Offender Record Information, Conviction Data, Arrest Reports, and Probation Records Buy Form

Exhibit 19X

- Order for Inspection and Copying of Criminal Record Information, Conviction Data, Arrest Reports, and Probation Records Buy Form

Exhibit 19Y

- Affidavit of Counsel Supporting Request for Criminal Offender Record Information Buy Form

Exhibit 19Z

- Motion to Compel Production of the Medical Records of the Plaintiff’s Decedent Buy Form

Chapter 20 expand

Electronic Discovery

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James Fullmer, Esq.,
Matthew E. Miller, Esq., Foley Hoag LLP

Exhibit 20A

- Electronic Discovery Reference Model Buy Form

Exhibit 20B

- Sample Electronic Discovery Outline for Preparing or Deposing a Business Witness Buy Form

Exhibit 20C

- Sample Questionnaire for Interviewing Client Technology Personnel Buy Form

Exhibit 20D

- Sample Notices (Formal and Basic) Buy Form

Exhibit 20E

- Sample Preservation Letter Buy Form

Exhibit 20F

- Model Order Regarding Preservation Buy Form

Chapter 21 expand

An Overview of Differences Between State and Federal Discovery Practice

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David A. Rich, Esq., Office of the Attorney General, Commonwealth of Massachusetts

Chapter 22 expand

Discovery Relating to Experts

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Laura R. Studen, Esq., Burns & Levinson LLP
Christopher Wurster, Esq., Rubin and Rudman LLP

Exhibit 22A

- Sample Interrogatories Buy Form

Exhibit 22B

- Products Liability Deposition Outline Buy Form

Exhibit 22C

- Expert Deposition Outline Buy Form

Exhibit 22D

- Physician Expert Deposition Outline for Mental Capacity Buy Form

Exhibit 22E

- Outline for Treating Mental Health Clinician Qualified as Expert Buy Form

Chapter 23 expand

Discovery in Alternative Forums: Labor and Employment Cases

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James W. Bucking, Esq., Foley Hoag LLP
Christopher S. Feudo, Esq., Foley Hoag LLP
Laura D. Gradel, Esq., Foley Hoag LLP

Exhibit 23A

- MCAD Postdetermination Discovery Order Buy Form

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