DocketNumber: No. 1
Citation Numbers: 433 Mass. 1006
Filed Date: 2/7/2001
Status: Precedential
Modified Date: 6/25/2022
The petitioners appeal, under S.J.C. Rule 2:21, 421 Mass. 1303 (1995), from a single justice’s denial of a request for relief under G. L. c. 211, § 3. The petitioners had sought review of an order of a Superior Court judge denying a “motion to quash the notice of taking deposition” of their attorney, and of an Appeals Court single justice’s denial of relief under G. L. c. 231, § 118, first par.
We treat the denial of the motion to quash as interlocutory for purposes of rule 2:21 (1). We must now consider whether the petitioner has, as rule 2:21 (2) requires, “set forth the reasons why review of the trial court decision cannot adequately be obtained on appeal from any final adverse judgment... or
We note that the judge who denied the motion to quash not only limited the deposition as to subject matter, but also excluded certain documents and litigation from its scope. The Appeals Court single justice also instructed the parties to seek clarification of the order in the Superior Court should there be any confusion as to its scope, and indicated that the deposition may proceed “in accordance with the plaintiffs’ stipulation." Moreover, the petitioners have not explained why the provisions of Mass. R. Civ. P. 26 (c), as amended, 423 Mass. 1401 (1996) (protective orders); Mass. R. Civ. P. 30 (c), as appearing in 428 Mass. 1201 (1998) (objections); Mass. R. Civ. P. 30 (d), as amended, 423 Mass. 1401 (1996) (motion to terminate or limit), do not provide appropriate protections. The petitioners have not met the burden established by rule 2:21 (2).
Judgment affirmed.
The case was submitted on the papers filed, accompanied by a memorandum of law.
We consider S.J.C. Rule 2:21, 421 Mass. 1303 (1995), to be applicable here, notwithstanding the effort to obtain relief in the Appeals Court, because the focus of the petition under G. L. c. 211, § 3, is on the action of the trial court.