Local Rule 26.5: UNIFORM DEFINITIONS IN DISCOVERY REQUESTS
D. Mass. — Civil rule
RULE 26.5 UNIFORM DEFINITIONS IN DISCOVERY REQUESTS
(a) Incorporation by Reference and Limitations. The full text of the definitions set forth in subsection (c) is deemed incorporated by reference into all discovery requests, but shall not preclude
(1) the definition of other terms specific to the particular litigation;
(2) the use of abbreviations; or
(3) a narrower definition of a term defined in subsection (c).
(b) Effect on Scope of Discovery. This rule is not intended to broaden or narrow the scope of discovery permitted by the Federal Rules of Civil Procedure.
(c) Definitions. The following definitions apply to all discovery requests:
(1) Communication. The term "communication" means the transmittal of information (in the form of facts, ideas, inquiries, or otherwise).
(2) Document. The term "document" is defined to be synonymous in meaning and equal in scope to the usage of this term in Fed. R. Civ. P. 34(a). A draft or nonidentical copy is a separate document within the meaning of this term.
(3) Identify (With Respect to Persons). When referring to a person, "to identify" means to give, to the extent known, the person's full name, present or last known address, and, when referring to a natural person, the present or last known place of employment. Once a person has been identified in accordance with this subsection, only the name of that person need be listed in response to subsequent discovery requesting the identification of that person.
(4) Identify (With Respect to Documents). When referring to documents, "to identify" means to give, to the extent known, the
(A) type of document;
(B) general subject matter;
(C) date of the document; and
(D) author(s), addressee(s), and recipient(s).
(5) Parties. The terms "plaintiff" and "defendant" as well as a party's full or abbreviated name or a pronoun referring to a party mean the party and, where applicable, its officers, directors, employees, partners, corporate parent, subsidiaries, or affiliates. This definition is not intended to impose a discovery obligation on any person who is not a party to the litigation.
(6) Person. The term "person" is defined as any natural person or any business, legal, or governmental entity or association.
(7) Concerning. The term "concerning" means referring to, describing, evidencing, or constituting.
(8) State the Basis. When an interrogatory calls upon a party to "state the basis" of or for a particular claim, assertion, allegation, or contention, the party shall
(A) identify each and every document (and, where pertinent, the section, article, or subsection thereof), which forms any part of the source of the party's information regarding the alleged facts or legal conclusions referred to by the interrogatory;
(B) identify each and every communication which forms any part of the source of the party's information regarding the alleged facts or legal conclusions referred to by the interrogatory;
(C) state separately the acts or omissions to act on the part of any person (identifying the acts or omissions to act by stating their nature, time, and place and identifying the persons involved) which form any part of the party's information regarding the alleged facts or legal conclusions referred to in the interrogatory; and
(D) state separately any other fact which forms the basis of the party's information regarding the alleged facts or conclusions referred to in the interrogatory.
Adopted effective October 1, 1992.