What is the name of your state?What is the name of your state?What is the name of your state? Massachusetts (Fed Dt of)
In a tort suit in Federal District Court (diveristy jurisdiction, amount in contorversy satisfied) I have the following questions:
1. What is my (the plaintiff)'s ability to subpoena or compel testimony from a (possibly reluctant) witness? When will the court order this? Is it OK for me as plaintiff to offer to advance the witness his travel expenses and fees and do I need to disclose this to the court ands/or the defendanst?
2. Can prospective defendants be questioned (such as by interrogatrories, etc.) BEFORE the suit is filed? In other words, if there a multiple potential defendants, but I as plaintiff cannot ascertain in advance of suing their various levels of responsibility, must I sue them all first and then sort it out in discovery? (Or I assume I could always sue the apparently most culpabale and then amend the complain to add some later).
3. Other than a 1983 action, are there any other federal or Massachsetts state private causes of action against private individuals who wrongfully (by defamation and abuse of process) use the state authoriities to deny a person his federal or state civil rights? What if any civil rights (and related private causes of action against private individuals) are guaranteed under the Massachusetts Constitution or under Mass statutory or case law? Can these be included in the federal case under something like ancillary or pendant jurisdiction?
4. Can I start discovery requests as soon as I serve process on the defendants or do I have to wait until they file an answer?
5. What standard do I need to meet to get past a motion to dismiss, and what other standard pre-trial motions will defendants likely file?
6. Any guidelines or books for when I would use depositions vs. interrogatories vs. affidavits? Are these always used even when the live witnesses will be appearing at trial?
7 Just for planning, assuming I have the attorney's fees budgeted, what else will be my biggest expenses as plaintiff in a tort case against 4-5 private individuals?
In a tort suit in Federal District Court (diveristy jurisdiction, amount in contorversy satisfied) I have the following questions:
1. What is my (the plaintiff)'s ability to subpoena or compel testimony from a (possibly reluctant) witness? When will the court order this? Is it OK for me as plaintiff to offer to advance the witness his travel expenses and fees and do I need to disclose this to the court ands/or the defendanst?
2. Can prospective defendants be questioned (such as by interrogatrories, etc.) BEFORE the suit is filed? In other words, if there a multiple potential defendants, but I as plaintiff cannot ascertain in advance of suing their various levels of responsibility, must I sue them all first and then sort it out in discovery? (Or I assume I could always sue the apparently most culpabale and then amend the complain to add some later).
3. Other than a 1983 action, are there any other federal or Massachsetts state private causes of action against private individuals who wrongfully (by defamation and abuse of process) use the state authoriities to deny a person his federal or state civil rights? What if any civil rights (and related private causes of action against private individuals) are guaranteed under the Massachusetts Constitution or under Mass statutory or case law? Can these be included in the federal case under something like ancillary or pendant jurisdiction?
4. Can I start discovery requests as soon as I serve process on the defendants or do I have to wait until they file an answer?
5. What standard do I need to meet to get past a motion to dismiss, and what other standard pre-trial motions will defendants likely file?
6. Any guidelines or books for when I would use depositions vs. interrogatories vs. affidavits? Are these always used even when the live witnesses will be appearing at trial?
7 Just for planning, assuming I have the attorney's fees budgeted, what else will be my biggest expenses as plaintiff in a tort case against 4-5 private individuals?