MA
Massachusetts House Bill H1765
Massachusetts 2025-2026 Regular Session
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Massachusetts 2025-2026 Regular Session

Massachusetts House Bill H1765

Introduced
2/27/25  

Caption

Establishing the uniform interstate depositions and discovery act

Impact

If enacted, H1765 would enhance the efficiency of legal proceedings involving cross-border evidence gathering. The bill addresses the need for uniformity in how interstate depositions and discovery requests are handled, thereby reducing the likelihood of conflicting state laws and varying compliance obligations. As a result, Massachusetts lawyers and individuals involved in legal matters that traverse state lines would encounter fewer barriers when attempting to gather evidence or obtain testimonies from individuals residing outside the state.

Summary

House Bill H1765 aims to establish the Uniform Interstate Depositions and Discovery Act within Massachusetts. This legislation seeks to streamline the process by which subpoenas from other jurisdictions—defined as 'foreign subpoenas'—are recognized and enforced within the Commonwealth. The bill proposes amendments to Chapter 223A of the General Laws and introduces a new Chapter 223B, which outlines the procedures for issuing and serving these subpoenas, as well as the scope of their enforcement within Massachusetts courts.

Contention

Despite the bill's intent to modernize legal procedures, there may be points of contention surrounding the enforcement of foreign subpoenas. Critics could argue that this legislation might undermine local judicial authority or challenge the protections traditionally afforded in Massachusetts law. Key concerns might include whether individuals served with these subpoenas have adequate protections against self-incrimination or other legal rights. Furthermore, the law also stipulates that costs associated with compliance may be recoverable, which could raise debates about the financial burden on individuals and entities required to respond to interstate subpoenas.

Companion Bills

MA H5056

Replaced by To modify the rules for taking depositions outside the Commonwealth and to adopt the uniform interstate depositions and discovery act

Previously Filed As

MA H1857

Establishing the Massachusetts Interstate Depositions and Discovery Act

MA H5056

To modify the rules for taking depositions outside the Commonwealth and to adopt the uniform interstate depositions and discovery act

MA H1646

To modify the rules for taking depositions outside the Commonwealth and to adopt the uniform interstate depositions and discovery act

MA HB1711

Establishes the "Uniform Interstate Depositions and Discovery Act"

MA SB1386

Establishes the Uniform Interstate Depositions and Discovery Act

MA HB1489

Relative to interstate depositions and discovery.

MA HB128

Establishes the "Uniform Interstate Depositions and Discovery Act"

MA AB2290

Civil discovery: oral depositions: transcriptions.

MA SB1180

Modifies provisions relating to civil procedure, including the collateral source rule, interstate depositions and discovery, determinations of fault, references to damages, and disclosure requirements

MA HF2639

A bill for an act relating to limitations on discovery depositions involving minor victims.(Formerly HF 2135.)

Similar Bills

MA H1646

To modify the rules for taking depositions outside the Commonwealth and to adopt the uniform interstate depositions and discovery act

MA H1857

Establishing the Massachusetts Interstate Depositions and Discovery Act

MA H5056

To modify the rules for taking depositions outside the Commonwealth and to adopt the uniform interstate depositions and discovery act

PA HB1966

In bases of jurisdiction and interstate and international procedure, further providing for assistance to tribunals and litigants outside this Commonwealth with respect to service and for issuance of subpoena; in commencement of proceedings, further providing for authority of officers of another state to arrest in this Commonwealth; and, in detainers and extradition, further providing for definitions, for duty of Governor with respect to fugitives from justice and for presigned waiver of extradition.

PA SB881

In bases of jurisdiction and interstate and international procedure, further providing for assistance to tribunals and litigants outside this Commonwealth with respect to service and for issuance of subpoena; in commencement of proceedings, further providing for authority of officers of another state to arrest in this Commonwealth; and, in detainers and extradition, further providing for definitions, for duty of Governor with respect to fugitives from justice and for presigned waiver of extradition.

PA HB1642

In bases of jurisdiction and interstate and international procedure, further providing for assistance to tribunals and litigants outside this Commonwealth with respect to service and for issuance of subpoena; in commencement of proceedings, further providing for authority of officers of another state to arrest in this Commonwealth; and, in detainers and extradition, further providing for definitions, for duty of Governor with respect to fugitives from justice and for presigned waiver of extradition.

PA SB942

Providing for auditor qualifications for the Department of the Auditor General, for new department employees, for current department employees, for employee certification, for forensic audits, for fraud audits and for committee standards.

MA H2027

To protect electronic privacy