STATE OF NEW HAMPSHIRE



Disclaimer

This pleading is offered as a sample for educational purposes only. References to law and rules may not be current or accurate. Counsel must evaluate whether the pleading has utility in a given case. I am always happy to try to answer general questions of fellow counsel about law and practice and can be reached via the information below.

Ralph F. Holmes

McLane Middleton

ralph.holmes@

(603) 628-1409 (office)

(857) 278-0019 (cell)

STATE OF NEW HAMPSHIRE

BELKNAP, SS. PROBATE COURT

Nancy E. Doe v. Joseph E. Doe, Jr.,

Sharon Doe AAA, and Theresa Doe BBB

DOCKET NO. 2008-0488

MOTION TO APPOINT COMMISSIONER PURSUANT

TO RSA 517:15 TO TAKE DEPOSITIONS OUT OF STATE

NOW COMES Petitioner, Nancy E. Doe, III, by and through her attorneys, McLane, Graf Raulerson and Middleton, Professional Association and pursuant to RSA 517:15, requests that the Court appoint a commissioner to take depositions outside this state, for use in the above-captioned case which is pending in this Court. The depositions shall be for discovery and/or for use at trial as permitted by the Court. In support of her motion, Petitioner states as follows:

As described in greater detail in Petitioner’s Petition to Void Trust Amendment and For Accounting, this matter involves undue influence and breach of fiduciary duties by Respondents, towards their father, Joseph E. Doe, Sr. (“Mr. Doe”) and the Petitioner.

Dr. Arturo CCC, with a mailing address of ____________, FL 33952 possesses information discoverable in the above-captioned matter.

Dr. CCC was Mr. Doe’ treating physician for the time during which Mr. Doe and the Petitioner resided in Florida. As Mr. Doe’ treating physician, Dr. CCC possesses medical information concerning Mr. Doe’ state of mind material to this matter.

Attorney David ____________of ____________, P.A., ____________, Suite A, Florida 33948, is admitted to the Bar in Florida and is a suitable person to be authorized to depose the keeper of the records of Dr. CCC.

WHEREFORE, Petitioners respectfully request that this Court:

A. Grant the Motion to appoint Attorney Olmsted as commissioner for taking out-of-state depositions in the State of Florida for use in connection with this matter; and

B. Grant such other relief as is just.

Respectfully submitted,

Nancy E. Doe

By her Attorneys,

McLANE, GRAF, RAULERSON & MIDDLETON,

PROFESSIONAL ASSOCIATION

Date: ______________ By: __________________________________

Ralph F. Holmes NH Bar No. 1185

Darrell J. Chichester NH Bar No. 17666

900 Elm Street, P.O. Box 326

Manchester, New Hampshire 03105

Telephone (603) 625-6464

I have contributed this pleading to NHAJ’s online form file in the hope that members might find it of use. I am happy to try to be of assistance if you have questions. I can be reached at 628-1409 and ralph.holmes@. I encourage you to please donate your pleadings to our online form file. To maximize the value of this important benefit, all of us need to participate.

/s/ Ralph

Ralph F. Holmes

McLane, Graf, Raulerson & Middleton, PA

Box 326

Manchester, NH 03105-0326

................
................

In order to avoid copyright disputes, this page is only a partial summary.

Google Online Preview   Download