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HomeMy WebLinkAboutDeposition Subpoena and Subpoena Duces Tecum 6/26 Unit D-6 COMMONWEALTH OF MASSACHUSETTS DEPARTMENT OF THE TRIAL COURT BARNSTABLE, SS. SOUTHEEAST HOUSING COURT CIVIL ACTION NO.: 26H83CV00135CI AMY HIRST, ) Plaintiff ) DEPOSITION SUBPOENA v. ) AND SUBPOENA DUCES TECUM DAVENPORT REALTY TRUST ) Defendant ) Town of Yarmouth Building Department Attn: Keeper of the Records Yarmouth Town Hall 1146 Route 28 South Yarmouth, MA 02664 You are hereby commanded,in the name of the Commonwealth of Massachusetts,to appear at the Law Offices of Kevin Heffernan, Ltd, located at 858 Washington Street, Ste. 301,in Dedham, Massachusetts before a notary public for the Commonwealth of Massachusetts,or before some other officer authorized by law to administer oaths,at 9:30 a.m. on July 16, 2026 to give evidence of what you know relating to the above case. This subpoena is issued pursuant to Rule 45 of the Massachusetts Rules of Civil Procedure. You are further hereby commanded to bring copies of all of documents listed in the attached Exhibit A with you to the deposition. In lieu of your testimony,you may provide the requested documents to Attorney Heffernan office by 12:00 pm byjuly 15,2026 Hereof fail not as you will answer your default under the pains and penalties in the law in that behalf made and provided. Dated today, Dedham, Massachusetts, this 16th day of June, 2026. Kevin R. Heffernan, sq. BBO#671439 858 Washington Street, Suite 301 Dedham,MA 02026 (617)477-9810 Fax: (617)639- 1590 kevin@lawheffernan.com My Commission Expires 7/23/32 EXHIBIT A 1. All documents related to the premises at 193 Camp St, Unit D-6,West Yarmouth, from January 1,2024 to the present. This request specifically includes,but is not limited to: inspection reports, letters and emails to or from the owner,letters and emails to or from the tenant,videos and photographs, and videos. Law Office of Kevin R. Heffernan, Ltd. 858 Washington Street, Suite 301 Dedham, MA 02026 (617) 477 9810 June 16, 2026 Town of Yarmouth Board of Health Attn: Keeper of the Records Yarmouth Town Hall 1146 Route 28 South Yarmouth, MA 02664 RE: Subpoena duces Tecum Hirst v. Davenport Realty Trust Dear Sir or Madam: Please be advised that I represent Amy Hirst,in a legal matter. Enclosed please find a subpoena for you to be deposed and to produce all the records related to the case,as detailed in the attached Exhibit A. I also need to make a request regarding all the documents you intend to produce. Typically, a party needs to subpoena the Keeper of the Records themselves to testify at trial about the authenticity of these documents. Verification of the documents'authenticity is critical. Without it,they are inadmissible as evidence at trial. In lieu of you testifying or being deposed,you may sign a sworn statement verifying the produced documents are true and accurate copies of the originals. Anticipating your preference to not be deposed or spend a half-day in court, I am respectfully asking that you type up the language in the attached Certificate of Authenticity on your letterhead and return it to me with the produced documents: If your organization uses a raised seal to verify authenticity, I would ask that you use that,but as a supplement to the above language,not as a substitute. After you sign and date this statement,please e-mail me all the documents to me at the address above so that it arrives by July 15, 2026. Thank you so much for your assistance and if you have any questions,please do not hesitate to give me a call. Respectfully, ' Kevin Heffernan, Esq. Enc. cc: Gareth W.Notis,Esq. Amy Hirst kevin@lawheffernan.com www.lawheffernan.com (617) 639 1590 (fax) w, In. CERTIFICATE OF AUTHENTICITY [SAMPLE] "I, [Your Name], the Keeper of the Records for swear under the penalties of perjury that the attached documents are true and accurate copies of the originals." Signed under the pains and penalties of perjury, [YOUR NAME] Keeper of the Records [ADDRESS] PHONE NUMBER Date: 2 i - xy ; Law Office of Kevin R. Heffernan, Ltd. 858 Washington Street, Suite 301 Dedham, MA 02026 (617) 477 9810 June 18, 2026 Town of Yarmouth 2`' 2026 Building DepartmentL v.-..i Attn: Keeper of the Records BUILDING °ErAR1 rn "T Yarmouth Town Hall 1146 Route 28 South Yarmouth, MA 02664 RE: Subpoena duces Tecum Hirst v. Davenport Realty Trust Dear Sir or Madam: Please be advised that I represent Amy Hirst,in a legal matter. Enclosed please find a subpoena for you to be deposed and to produce all the records related to the case,as detailed in the attached Exhibit A. I also need to make a request regarding all the documents you intend to produce. Typically, a party needs to subpoena the Keeper of the Records themselves to testify at trial about the authenticity of these documents. Verification of the documents'authenticity is critical. Without it,they are inadmissible as evidence at trial. In lieu of you testifying or being deposed,you may sign a sworn statement verifying the produced documents are true and accurate copies of the originals. Anticipating your preference to not be deposed or spend a half-day in court, I am respectfully asking that you type up the language in the attached Certificate of Authenticity on your letterhead and return it to me with the produced documents: If your organization uses a raised seal to verify authenticity, I would ask that you use that,but as a supplement to the above language,not as a substitute. After you sign and date this statement, please e-mail me all the documents to me at the address above so that it arrives by July15, 2026. Thank you so much for your assistance and if you have any questions, please do not hesitate to give me a call. Respectfully, • Kevin Heffernan, Esq. Enc. cc: Gareth W.Notis,Esq. Amy Hirst kevin@lawheffernan.com www.lawheffernan.com (617) 6391590 (fax) CERTIFICATE OF AUTHENTICITY [SAMPLE] "I, [Your Name], the Keeper of the Records for swear under the penalties of perjury that the attached documents are true and accurate copies of the originals." Signed under the pains and penalties of perjury, [YOUR NAME] Keeper of the Records [ADDRESS] PHONE NUMBER Date: 2 I' COMMONWEALTI$ OF MASSACHUSETTS DEPARTMENT OF THE TRIAL COURT BARNSTABLE, SS. SOUTHEEAST HOUSING COURT CIVIL ACTION NO.: 26H83CV00135CI AMY HIRST, ) Plaintiff ) DEPOSITION SUBPOENA v. ) AND SUBPOENA DUCES TECUM DAVENPORT REALTY TRUST ) Defendant ) Town of Yarmouth Building Department Attn: Keeper of the Records Yarmouth Town Hall 1146 Route 28 South Yarmouth, MA 02664 You are hereby commanded,in the name of the Commonwealth of Massachusetts, to appear at the Law Offices of Kevin Heffernan, Ltd,located at 858 Washington Street, Ste. 301,in Dedham, Massachusetts before a notary public for the Commonwealth of Massachusetts,or before some other officer authorized by law to administer oaths, at 9:30 a.m. on July 16, 2026 to give evidence of what you know relating to the above case. This subpoena is issued pursuant to Rule 45 of the Massachusetts Rules of Civil Procedure. You are further hereby commanded to bring copies of all of documents listed in the attached Exhibit A with you to the deposition. In lieu of your testimony,you may provide the requested documents to AttorneyHeffernan's office by 12:00pm byJuly 15, 2026. Hereof fail not as you will answer your default under the pains and penalties in the law in that behalf made and provided. Dated today, Dedham, Massachusetts, this 16tn day of June, 2026. Kevin R. Heffernan, s . BBO #671439 858 Washington Street, Suite 301 Dedham, MA 02026 (617)477-9810 Fax: (617) 639- 1590 kevin@lawheffernan.com My Commission Expires 7/23/32 EXHIBIT A 1. All documents related to the premises at 193 Camp St, Unit D-6,West Yarmouth, from January 1,2024 to the present. This request specifically includes,but is not limited to: inspection reports,letters and emails to or from the owner,letters and emails to or from the tenant,videos and photographs, and videos.