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Andrew G. Saviolis v. National Bank of Greece and Hellenic Bank
Trust Company

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Civil 1-80

Editorial Headnote

1. Notice to take deposition need not state the matters upon which the examination is sought, (Rule 30 (a))

2, Notice to take depositions given by plaintiff after answer has been filed, should not be set aside on the assertion that defendant intends to file an amended answer. (Rule 26 (a))

BONDY, D. J.

The rules do not require that the notice specify the matters as to which the deposition is to be taken. Rule 30 (a); cf. N.Y. Civil Practice Act, Section 290. A limitation of the scope of the examination should be sought pursuant to Rule 30 (b) (a).

The fact that the defendants assert that they intend to interpose amended answers constitutes no reason for setting aside the notice given "after an answer has been served." See Rule 26 (a).

The motion is in all respects denied.

for Inspection, Copying, or Photographing.

District of Massachusetts

De comber 5, 1938.

Daniel C. Mulloney v. Federal Reserve Bank of Boston, et al.

Law No. 7197

Plaintiff in an action for conspiracy should be required, on defendants' motion for further particulars, to specify whether alleged defamatory statements were oral or in writing, and, if the latter, to attach copies of the writings, since such discovery may be had under Rule 34, providing for the production of documents, etc., for inspection. (See opinion in this case under Rule 12 (e) )

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