. As used in
following definitions apply to all Information Requests and Record Requests,
unless otherwise ordered by the Presiding Officer:
The term "communication" means the transmittal of information (in the form of
facts, opinions, ideas, inquiries, or otherwise).
term "document" is defined to be synonymous in meaning and equal in scope to
the usage of this term in Mass. R. Civ. P. 34(a). An earlier draft is a
separate document within the meaning of this term.
Identify (With Respect to
. When referring to a natural person, to "identify" means
to state, to the extent known, the person's:
a. Full name;
b. Present or last known address;
Present or last known place
Once a person has been identified in accordance with this
subparagraph, only the name of that person need be listed in response to
subsequent discovery requesting the identification of that person.
(With Respect to Entities)
. When referring to an entity, to
"identify" means to state, to the extent known,
a. The entity's full name, including (when
not apparent from the name) the nature of the entity (e.g.,
corporation, limited liability corporation, partnership, or professional
b. Present or last
known address of its headquarters or principal place of business; and
The state in which the entity is
incorporated or otherwise created.
Once an entity has been identified in accordance with 211 CMR
41.17(3)(c)4., only the name of that entity need be listed in response to
subsequent discovery requesting the identification of that entity.
(With Respect to Documents)
. When referring to documents, to
"identify" means to state, to the extent known:
a. The type of document;
b. The general subject matter;
c. The date of the document;
d. The author or authors, according to the
e. The persons to
whom, according to the document, the document (or a copy) was to be
Parties. The term "Party," 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, and subsidiaries. This definition is not intended to impose a discovery
obligation on any person who is not a Party to the Proceeding.
Person. The term
"person" means any natural person or any business, legal, or governmental
Concerning. The term "concerning" means referring to,
describing, offering evidence of, or constituting.
State the Basis or State all
Facts. When an Information Request or Record Request calls upon a
party to "state the basis" of or "state all facts" concerning a particular
matter (or uses comparable language), the Party shall provide a substantial
summary of the factual basis supporting the matter at the time of the response
to the Request. The summary shall: identify the essential acts or failures to
act forming the substance of the matter, identify the persons and entities
that, through firsthand information or possession of documents, are the sources
of the Party's information regarding the matter, and, when the basis of the
matter is one or more documents, identify (or provide as part of the response a
copy of) each such document. In stating the basis, a Party may not withhold
information from the response because it derives from attorney work product or
was obtained in anticipation of litigation if the Party intends to offer this
information at the Hearing.