Probate Court Rules Table of Contents
The deponent, on deposition or on written interrogatory,
shall ordinarily be required to answer all questions not subject to privilege or
excused by the statute relating to depositions, and it is not grounds for
refusal to answer a particular question that the testimony would be inadmissible
at the trial if the testimony sought appears reasonably calculated to lead to
the discovery of admissible evidence and does not violate any privilege.
If any deponent refuses to answer any question propounded on
deposition, or any Party fails or refuses to answer any written interrogatory
authorized by these Rules, or fails to comply within twenty (20) days after
written request to, the Party propounding the question may, upon notice to all
Persons affected thereby, apply by Motion to the Court for an order compelling
an answer. If the Motion is granted, and if the Court finds that the refusal was
without substantial justification or was frivolous or unreasonable, the Court
may, and ordinarily will, require the deponent and the Party or Attorney
advising the refusal, or any of them, to pay the examining or requesting Party
the reasonable expenses incurred in obtaining the order, including reasonable
counsel fees.
If the Motion is denied and if the Court finds that the
Motion was made without substantial justification or was frivolous or
unreasonable, the Court may, and ordinarily will, require the examining Party or
the Attorney advising the Motion, or both of them, to pay to the opposing Party
or witness the reasonable expenses incurred in opposing the Motion, including
reasonable counsel fees.