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Letters Rogatory and Commissions
When you want to depose someone in another state
         
                                                                           
 




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COMMONWEALTH OF MASSACHUSETTS
PROBATE AND FAMILY COURT DEPARTMENT
DOCKET NO. _________ 
Plaintiff's name
            PLAINTIFF

                                                           MOTION FOR APPOINTMENT OF
v.                                                        COMMISSIONER BEFORE WHOM
                                                           DEPOSITIONS MAY BE TAKEN IN 
                                                           STATE OF _________
Defendant's name
           DEFENDANT
 

Pursuant to Rule 28(a), Massachusetts Rules of Domestic Relations Procedure and applicable General Laws, the plaintiff/defendant, ____________ (hereafter _______) moves this court to authorize one or more persons who serve as a Notary Public or other person authorized to take oaths, in and for the State of _______ to act as a Commissioner before whom the depositions of the following persons may be taken:
 

[names of witness(es) here]


In support of this motion, the ____ states that the notary or other such person will not be a relative, employee, attorney or a counsel of any of the parties or of their attorneys or counsel, nor will he or she have any financial interest in this action.

This deposition is reasonably necessary for the proper presentation of evidence in this proceeding and in the _____'s pending complaint for divorce. Therefore, the _____ also moves that allowance of this motion also be authority for the parties to inquire into evidence relevant to his/her pending complaint for divorce; and for the trial judge to permit the reference deposition, to the extent permitted under the rules, to be used in the ____'s pending complaint for divorce.

                                                            Respectfully submitted,

                                                            ___________________
                                                           Name and address
 
 

AFFIDAVIT OF NOTICE





COMMONWEALTH OF MASSACHUSETTS
PROBATE AND FAMILY COURT DEPARTMENT
DOCKET NO. _________ 

Plaintiff's name
                PLAINTIFF

                                                         COMMISSION TO CONDUCT
v.                                                      DEPOSITIONS UPON ORAL 
                                                         EXAMINATION IN THE 
                                                         STATE OF _______________
Defendant's name
               DEFENDANT
 

THE COMMONWEALTH OF MASSACHUSETTS to one or more Notaries Public in ___________ who are legally empowered to administer oaths in ____________:
 

GREETING:

Know ye, that we, by these presents and pursuant to the order of the above-entitled court directing the issuance of this commission, have appointed you a commissioner:

for the purpose of administering an oath or affirmation to the non-party witnesses listed below;

in order that their testimony be given before a Notary Public, to be present during their oral depositions; and

do give you full power and authority to conduct the depositions upon oral examination of: 

[names of witness(es) here]


each as witnesses on behalf of the defendant in the above-captioned case which is now pending in this Court:

Such depositions to take place at any convenient locations in or within such area as may be required by _______________ on the date and at the times to be established in furtherance of the accompanying Letters Rogatory, issued by this Court or as soon thereafter as the attendance of such witness may be secured, under appropriate oath or affirmation and in response to such examination and cross-examination as may be propounded to said deponent by counsel for the parties hereto.

Said deposition may be conducted before any Notary Public or other person authorized to take oaths under the laws of ____________; and before a stenographer.

Witness the Honorable _______________, Associate Justice of the _________________ Probate and Family Court Department of the Trial Court of the Commonwealth of Massachusetts, at the City of ____________, on this, the __th day of ________, 1993.

                                                         BY THE COURT,
 

                                                          __________________________
                                                         Assistant Register of Probate






COMMONWEALTH OF MASSACHUSETTS
PROBATE AND FAMILY COURT DEPARTMENT
DOCKET NO. _________ 
Plaintiff's name
            PLAINTIFF

                                                         MOTION FOR LETTERS ROGATORY v.                                                      FOR WITNESSES IN THE 
                                                         STATE OF _____________________
Defendant's name
           DEFENDANT
 

Pursuant to Rule 28 of the Massachusetts Rules of Domestic Relations Procedure and the applicable General Laws, the defendant/plaintiff, ___________, (hereafter wife/husband) moves this court to issue letters rogatory to ________________ as appropriate requesting that process be issued requiring the following people to appear for the purpose of giving evidence upon oral examination and producing all relevant documents in said witnesses' possession or such other things which may be described in a subpoena duces tecum or document designed to reflect production of documents for a witness within ________________, on such dates and times as may be agreed upon between the witnesses and counsel for the parties.
 

[names of witness(es) here]


In support of this motion, the wife/husband states the evidence by these persons will be relevant to her/his pending complaint for divorce.  The expected testimony and inspection and copying of documents are necessary for the wife/husband to properly prepare for trial.

These witnesses are not subject to service of a subpoena issued in this commonwealth and their appearance can be compelled only by process issued in response to letters rogatory directed to the appropriate authority in ___________________.

The wife/husband also moves that allowance of this motion also be authority for the parties to inquire into evidence relevant to her/his pending complaint for divorce and for the trial judge to permit the referenced deposition to the extent permitted under the rules, to be used in the wife's//husband's  pending complaint for divorce.

                                          Respectfully Submitted,
 
 

                                          By ________________________
                                               Your name and address
 


AFFIDAVIT OF NOTICE






COMMONWEALTH OF MASSACHUSETTS
PROBATE AND FAMILY COURT DEPARTMENT
DOCKET NO. _________ 

Plaintiff's name
                PLAINTIFF

v.                                                            LETTERS ROGATORY

Defendant's name
               DEFENDANT
 
 

THE COMMONWEALTH OF MASSACHUSETTS to Appropriate Authority in _____________________________:

GREETINGS:

The above-captioned civil action is pending before the above court of the Commonwealth of Massachusetts.  The defendant/plaintiff in this action seeks to take the depositions upon oral examination of the following individuals as soon as the attendance of these witnesses may be secured in _______________:
 

[names of witness(es) here]


 

Notice as to the taking of the depositions, in ________, will be served upon plaintiff's counsel, _________, Esquire, ____________, MA by defendant's counsel.  The defendant/plaintiff proposes to conduct the depositions before a Notary Public in and for ________ and authorized to administer oaths in that jurisdiction and to have the deposition taken by a stenographer.
 

We therefore request that in furtherance of justice and pursuant to M.G.L. c. 223A, §10(a)(3), a true copy of which is attached hereto, that you might issue, serve or permit to be issued and/or served, an appropriate subpoena upon each of the said deponents.  If there are any costs or fees in connection with this request, or the issuance of service of process, they shall be borne by defendant's//plaintiff's counsel.

Thank you for your courtesy.
 

                                                         BY THE COURT,
 

                                                          __________________________
                                                         Assistant Register of Probate