Massachusetts Deposition Rules: Notice, Conduct, and Transcripts

Massachusetts deposition rules live primarily in Rule 30 of the Massachusetts Rules of Civil Procedure, with supporting rules on discovery scope (Rule 26), subpoenas (Rule 45), trial use (Rule 32), and sanctions (Rule 37). A party wanting to depose someone must give at least seven days’ written notice, the witness answers under oath with the same weight as trial testimony, objections must be brief and non-suggestive, and the state imposes no cap on how many depositions you can take or how long one can run.¹

Notice

Every other party gets written notice at least seven days before the deposition. The notice states the time and place and identifies the deponent by name and address; if the name is not yet known, a general description sufficient to identify the person will do.¹

The notice can also require the witness to bring specific documents or electronically stored information. Attaching a document request to the notice is common practice because it lets the questioning attorney walk the witness through records live rather than piecing things together later.

Who You Can Depose

Any person with relevant knowledge is fair game, party or not. Questioning can cover any non-privileged matter relevant to any claim or defense, and answers do not need to be admissible themselves so long as the question is reasonably likely to lead to admissible evidence.²

Parties

A party can be compelled to appear by notice alone. No subpoena is needed. That is the main procedural difference between deposing an opponent and deposing someone unaffiliated with the case.

Non-Party Witnesses

A non-party has to be served with a subpoena under Rule 45. Service must be made by someone who is not a party and is at least 18 years old, and the server must tender the witness’s attendance fee and mileage at the moment of service. Government-issued subpoenas do not require that upfront payment.³

The statutory witness fee is $6 per day, and travel is reimbursed at $0.10 per mile under G.L. c. 262, § 29. When the witness works in the same city or town as the deposition, mileage is calculated from the workplace rather than the home.⁴ These amounts are small, but skipping the tender can invalidate the subpoena.

Corporations and Other Organizations

Rule 30(b)(6) is the mechanism for deposing an entity. The notice or subpoena names the organization and describes the examination topics with reasonable particularity. The organization then designates one or more people to testify on its behalf about those topics, and the designees must testify to information known or reasonably available to the organization, not just their own personal knowledge.¹ Failing to make a designation triggers Rule 37 sanctions.

Where the Deposition Happens

A Massachusetts resident cannot be forced by subpoena to travel more than 50 miles from home or workplace, unless the court orders otherwise.⁵ The court can adjust time, place, and order of depositions to balance convenience. Parties are always free to agree on a different location, and depositions often end up at one of the attorneys’ offices.

Out-of-state witnesses are harder. Massachusetts has not adopted the Uniform Interstate Depositions and Discovery Act, which streamlines the process in about 40 states. A bill to adopt the UIDDA was introduced in the legislature but has not been enacted. Compelling testimony from a witness who lives elsewhere generally means filing a commission or letters rogatory in the witness’s home state and following that state’s rules to domesticate the subpoena. Plan on extra weeks and, often, local counsel there.

How the Questioning Works

The witness is sworn, and testimony carries the same legal weight as testimony in open court. The noticing party conducts direct examination, then other parties cross-examine, following the trial format.¹

Objections

Objections must be stated “nonargumentatively and nonsuggestively.” A curt “objection, leading” is proper; a speaking objection that narrates why the question is flawed and hints at the answer is not. After the objection, the witness still answers.

An attorney can instruct a deponent not to answer only in three narrow situations: to preserve a privilege, to enforce a limitation already ordered by the court, or to present a motion to terminate under Rule 30(d)(2).¹ Anything outside those grounds is improper and can draw sanctions.

No Automatic Time or Number Limits

Massachusetts explicitly rejected the federal seven-hour cap and the federal ten-deposition-per-side limit. A deposition can run multiple days, and a party can schedule as many depositions as they see fit.¹ Courts still step in when the length or number becomes oppressive, using motions to terminate under Rule 30(d) and protective orders under Rule 26(c).

Recording

A stenographic transcript is always required unless every party stipulates otherwise. The noticing party may add audiovisual recording, pays the recording costs, and must arrange for the equipment. Each party pays for its own copy of the transcript or video.¹ Video is especially useful when the deposition may be played at trial in place of live testimony, because it captures tone and hesitation.

Remote Depositions

Depositions by audiovisual technology are permitted without agreement of all parties or prior court approval. The Supreme Judicial Court authorized remote administration of oaths by videoconference or comparable means.⁶ The practical work sits with the parties: a stable connection, a quiet room, a working platform, and a secure way to share exhibits so the court reporter can mark them without authentication problems later.

Transcript Review and Corrections

After transcription, the transcript is submitted to the witness for review unless the witness and all parties waive that step. The witness reads it, notes any changes in form or substance along with the reasons, and signs. If 30 days pass without a signature, the court reporter signs and notes whether the witness refused, was unavailable, or did not respond.¹

An unsigned transcript can still be used unless the court grants a motion to suppress. Substantive changes on an errata sheet, as opposed to typo fixes, can invite a motion to reopen the deposition, so review the errata carefully.

Using the Deposition at Trial

Rule 32 controls when a deposition can be used in court. The main uses:⁷

To impeach or contradict the deponent when they testify live.
By an adverse party, for any purpose, when the deponent is a party or is an officer, director, managing agent, or Rule 30(b)(6) designee.
By any party, for any purpose, when the witness is dead, outside the Commonwealth, unable to attend due to age or illness, or cannot be compelled by subpoena.
Whenever the interests of justice make it desirable, weighed against the value of live testimony.

If one side introduces part of a deposition, the other can require introduction of any other portion fairness demands be considered with it. The rules of evidence apply as if the witness were live.

Protective Orders and Privilege

Rule 26(c) lets any party or the deponent seek a protective order on a showing of good cause when a deposition would cause annoyance, embarrassment, oppression, or undue burden or expense. The court has wide discretion: it can bar the deposition, limit the topics, restrict who attends, seal the transcript, or shift costs.² Trade secrets and confidential business information are common triggers.

Non-parties get an added layer. Under Rule 45(b), the court can quash or modify a subpoena that is unreasonable and oppressive, or condition denial of the motion on the requesting party advancing the reasonable costs of compliance.³ A non-party facing an overly broad subpoena should move quickly; the motion must be made no later than the compliance time in the subpoena.

Privileged material is off-limits regardless of relevance. Attorney-client communications and work product are the two most often invoked. When a question seeks privileged information, counsel can instruct the witness not to answer but must state the basis for the privilege on the record. Vague or blanket privilege assertions invite trouble.

Sanctions for Obstruction and Non-Compliance

The court can sanction anyone, deponent or attorney, who impedes, unreasonably delays, or frustrates the fair progress of the examination. Sanctions can include the reasonable expenses and attorney’s fees the obstruction caused another party.¹ If a deposition is being conducted in bad faith or in a manner that unreasonably annoys or oppresses someone, the deponent or a party can move to terminate or limit it, and on demand the deposition must be suspended while the court rules.

Rule 37 handles the broader enforcement pattern. When a deponent refuses to answer or an organization fails to designate a 30(b)(6) witness, the other side can move to compel, and the losing side of that motion typically pays the movant’s reasonable expenses and attorney’s fees.⁸

Disobeying a court order compelling discovery escalates fast. The court can:

Treat designated facts as established against the disobedient party
Bar the disobedient party from supporting or opposing certain claims, or from introducing certain evidence
Strike pleadings in whole or in part
Dismiss the action
Enter a default judgment
Hold the party in contempt

Fees and expenses caused by the failure can also be shifted.⁸ An evasive or incomplete answer is treated as a failure to answer, so repeated “I don’t recall” answers from a witness who plainly does recall carry the same exposure as flat refusals.

What Depositions Cost

Witness fees are the small line. Court reporter fees for a standard stenographic transcript typically run $4.50 to $7.50 per page, plus appearance fees of $150 to $400. Expedited transcripts can cost 50 to 100 percent more than standard rates. Rough drafts, which attorneys often want quickly, run $2.00 to $3.50 per page. Video recording adds equipment and videographer costs on top. The noticing party pays for recording, and each party pays for its own copy of the transcript and any video.

In a case with many depositions, the total climbs quickly. Build these numbers into the litigation budget early, and consider whether interrogatories or requests for admission can do the job when you only need to confirm a few facts.

1
Mass.gov. Civil Procedure Rule 30 – Depositions Upon Oral Examination
2
Mass.gov. Civil Procedure Rule 26 – General Provisions Governing Discovery
3
Mass.gov. Civil Procedure Rule 45 – Subpoena
4
General Court of Massachusetts. Massachusetts General Laws Chapter 262 Section 29 – Witness Fees
5
Massachusetts Supreme Judicial Court. Supreme Judicial Court Rule 1-02A – Depositions and Discovery
6
Mass.gov. Temporary Changes to Service of Process, Signatures, Depositions, Oaths and Affirmations During COVID-19
7
Mass.gov. Civil Procedure Rule 32 – Use of Depositions in Court Proceedings
8
Mass.gov. Civil Procedure Rule 37 – Failure to Make Discovery – Sanctions