Mass. Gen. Laws » Part III Title II Chapter 233
Massachusetts General Laws

Mass. Gen. Laws ch. 233, § 46 (2026)

Application to take deposition to perpetuate testimony

✓ text as last checked Sept. 2026 (this copy records no edition or section history)
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Section 46. If a person desires to perpetuate his own testimony or the testimony of another person, he shall apply in writing to two justices of the peace or notaries public, or a justice of the peace and a notary public, one of whom shall be an attorney at law, requesting them to take his deposition or the deposition of the person whose testimony he desires to perpetuate, and stating briefly and substantially his title, claim or interest in or to the subject relative to which he desires the evidence perpetuated, the names of all other persons interested or supposed to be interested therein and the name of the witness proposed to be examined.

Notes of Decisions
Cited in 2 cases, 1987–1997 · leading case: Anselmo v. Reback, 513 N.E.2d 1270 (Mass. 1987).
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Anselmo v. Reback, 513 N.E.2d 1270 (Mass. 1987). · cites it 2× “The procedure failed to meet the requirements of G. L. c. 233, §§ 46 and 47, and rule 27 (a), because the defendants were not notified and therefore were deprived of an opportunity to cross-examine.”
Johnson v. Petruitis, 1997 Mass. App. Div. 17 (Mass. Dist. Ct., App. Div. 1997). “Kuncaitis’ undisputed testimony, there is no merit in the plaintiff’s contention that the defendant’s statement was made to “perpetuate his own testimony” under G.L.c. 233, §§46, 47, and was thus inadmissible because the plaintiff was not given statutory notice prior to the…”
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