Section 26. After service of process in an action, or after a submission to arbitrators or referees, either party may apply to a justice of the peace or a notary public, who shall issue a notice to the adverse party to appear and propose interrogatories before said justice or any other justice of the peace or before said notary or any other notary public at the time and place appointed for taking the deposition.

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Terms Used In Massachusetts General Laws ch. 233 sec. 26

  • Deposition: An oral statement made before an officer authorized by law to administer oaths. Such statements are often taken to examine potential witnesses, to obtain discovery, or to be used later in trial.
  • Interrogatories: Written questions asked by one party of an opposing party, who must answer them in writing under oath; a discovery device in a lawsuit.
  • Service of process: The service of writs or summonses to the appropriate party.