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Partners Josh Gardner and Nick Rosenberg are pleased to be included alongside distinguished Massachusetts lawyers in contributing to the latest edition of Massachusetts Discovery Practice, published by MCLE.  Gardner and Rosenberg authored Chapter 18: Discovery from Out-of-State and Foreign Nonparty Witnesses.

See a description and contents of this useful volume.

from MCLE…

Massachusetts Discovery Practice
Essential tools for pretrial litigation
Product Number: 2020268B00
Format: 1188 pages in 2 volumes (printed book) with CD
Copyright: © 2014 MCLE, Inc.


Massachusetts Discovery Practice is the Massachusetts lawyer’s essential guide to discovery and investigation in the information age. It addresses important preliminary tasks such as client interviewing and creating a discovery plan as well as such diverse topics as internal investigations, use of the Internet, treatment of confidential communications, electronic discovery, and foreign witnesses.

Practice notes, judicial and ethics commentary, and sample forms and exhibits clearly lay out the essential elements, potential pitfalls, and best practices associated with each step of the process. Use this book to learn how to conduct investigations, obtain information from government sources, and deal with spoliation issues. No litigator should be without it!

Table of Contents


Chapter 1 – An Introduction to Massachusetts Discovery Practice

Chapter 2 – Analyzing Discovery and Investigation Issues

Chapter 3 – Creating a Discovery Plan

Chapter 4 – Selected Case Investigation Techniques

Chapter 5 – Conducting Internal Investigations

Chapter 6 – Obtaining Information from Government Sources

Chapter 7 – Using the Internet in Discovery and Investigation

Chapter 8 – Preservation and Spoliation of Evidence

Chapter 9 – Protecting Confidential Information Before and During Discovery

Chapter 10 – Interrogatories

Chapter 11 – Requests for Documents and Things and for Entry upon Land

Chapter 12 – Organizing Documents Identified During Discovery in Complex Cases

Chapter 13 – Depositions

Chapter 14 – Physical and Mental Examinations

Chapter 15 – Requests for Admission

Chapter 16 – Evidentiary Privileges

Chapter 17 – Attorney-Client Privilege and the Work Product Doctrine

Chapter 18 – Discovery from Out-of-State and Foreign Nonparty Witnesses

Chapter 19 – Discovery Motions and Appeals

Chapter 20 – Electronic Discovery

Chapter 21 – An Overview of Differences Between State and Federal Discovery Practice

Chapter 22 – Discovery Relating to Experts

Chapter 23 – Discovery in Alternative Forums: Labor and Employment Cases