Code of Massachusetts Regulations
211 CMR - DIVISION OF INSURANCE
Title 211 CMR 77.00 - Procedures For The Conduct Of Proceedings On Fixed-and-established Private Passenger Motor Vehicle Insurance Rates
Section 77.06 - Discovery

Universal Citation: 211 MA Code of Regs 211.77

Current through Register 1531, September 27, 2024

(1) Requests for Discovery. The parties are encouraged to engage in voluntary discovery. A party may request another party to produce or make available documents or tangible things, not privileged and not previously supplied, which are in the possession, custody or control of the party to whom the request is made. Such requests may be served on a party after submission of its advisory filing and shall set forth the items to be provided with reasonable particularity. Additional forms of discovery may be allowed at the discretion of the Presiding Officer upon a showing of good cause.

(2) Responses to Discovery. The party receiving the request shall respond within a period of ten days unless the Presiding Officer establishes a different time period. In the event that the time period between the submission of a filing and the commencement of cross-examination on that filing is less than ten days, and the discovery was requested in a timely fashion, the party receiving the discovery request shall respond no later than twenty-four hours prior to the scheduled hearing. The party receiving the request for discovery may, within five days of service of the request, or such other period as the P residing Officer may prescribe, file objections to the request or move for a protective order. The Presiding Officer may, in his or her discretion, schedule a hearing on the objections or motion. The Presiding Office may issue protective orders to protect a party from annoyance, embarrassment, oppression or undue burden or expense. The Presiding Officer may also order limits on the scope, method, time and place for discovery and provisions for protecting confidential information or documents.

(3) Motions to Compel Discovery. A party may file a motion to compel discovery if a request for documents is not honored, in whole or in part.

Disclaimer: These regulations may not be the most recent version. Massachusetts may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.