Depositions may be taken as provided in this chapter to be used only in those proceedings in the land court and probate court which are not governed by the Massachusetts Rules of Civil Procedure. The provisions of this section and of sections twenty-five through forty-five, inclusive, of this chapter, shall not apply to civil actions governed by said rules, or by the District-Municipal Courts Rules of Civil Procedure.
Mass. Gen. Laws ch. 233, § 24