reglab/statecodes huggingface dataset:
2023 Massachusetts General Laws › Part III - Courts, Judicial Officers and Proceedings in Civil Cases › Title II - Actions and Proceedings Therein › Chapter 233 - Witnesses and Evidence › Section 23c - Work Product of Mediator Confidential; Confidential Communications; Exception; Mediator Defined

Section 23C. All memoranda, and other work product prepared by a mediator and a mediator's case files shall be confidential and not subject to disclosure in any judicial or administrative proceeding involving any of the parties to any mediation to which such materials apply. Any communication made in the course of and relating to the subject matter of any mediation and which is made in the presence of such mediator by any participant, mediator or other person shall be a confidential communication and not subject to disclosure in any judicial or administrative proceeding; provided, however, that the provisions of this section shall not apply to the mediation of labor disputes.
For the purposes of this section a ''mediator'' shall mean a person not a party to a dispute who enters into a written agreement with the parties to assist them in resolving their disputes and has completed at least thirty hours of training in mediation and who either has four years of professional experience as a mediator or is accountable to a dispute resolution organization which has been in existence for at least three years or one who has been appointed to mediate by a judicial or governmental body.
2023 Massachusetts General Laws › Part III - Courts, Judicial Officers and Proceedings in Civil Cases › Title II - Actions and Proceedings Therein › Chapter 233 - Witnesses and Evidence › Section 23d - Admissibility of Benevolent Statements, Writings or Gestures Relating to Accident Victims

Section 23D. As used in this section the following words shall, unless the context clearly requires otherwise, have the following meanings:
''Accident'', an occurrence resulting in injury or death to one or more persons which is not the result of willful action by a party.
''Benevolent gestures'', actions which convey a sense of compassion or commiseration emanating from humane impulses.
''Family'', the spouse, parent, grandparent, stepmother, stepfather, child, grandchild, brother, sister, half brother, half sister, adopted children of parent, or spouse's parents of an injured party.
Statements, writings or benevolent gestures expressing sympathy or a general sense of benevolence relating to the pain, suffering or death of a person involved in an accident and made to such person or to the family of such person shall be inadmissible as evidence of an admission of liability in a civil action.
2023 Massachusetts General Laws › Part III - Courts, Judicial Officers and Proceedings in Civil Cases › Title II - Actions and Proceedings Therein › Chapter 233 - Witnesses and Evidence › Section 23f - Admissibility of Past Physical, Sexual or Psychological Abuse of Defendant

Section 23F. In the trial of criminal cases charging the use of force against another where the issue of defense of self or another, defense of duress or coercion, or accidental harm is asserted, a defendant shall be permitted to introduce either or both of the following in establishing the reasonableness of the defendant's apprehension that death or serious bodily injury was imminent, the reasonableness of the defendant's belief that he had availed himself of all available means to avoid physical combat or the reasonableness of a defendant's perception of the amount of force necessary to deal with the perceived threat:
(a) evidence that the defendant is or has been the victim of acts of physical, sexual or psychological harm or abuse;
(b) evidence by expert testimony regarding the common pattern in abusive relationships; the nature and effects of physical, sexual or psychological abuse and typical responses thereto, including how those effects relate to the perception of the imminent nature of the threat of death or serious bodily harm; the relevant facts and circumstances which form the basis for such opinion; and evidence whether the defendant displayed characteristics common to victims of abuse.
Nothing in this section shall be interpreted to preclude the introduction of evidence or expert testimony as described in clause (a) or (b) in any civil or criminal action where such evidence or expert testimony is otherwise now admissible.
2023 Massachusetts General Laws › Part III - Courts, Judicial Officers and Proceedings in Civil Cases › Title II - Actions and Proceedings Therein › Chapter 233 - Witnesses and Evidence › Section 24 - Depositions in Civil Cases Authorized

Section 24. 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.
2023 Massachusetts General Laws › Part III - Courts, Judicial Officers and Proceedings in Civil Cases › Title II - Actions and Proceedings Therein › Chapter 233 - Witnesses and Evidence › Section 24a - Medical Witnesses

Section 24A. At trial of a civil matter in the district court department of the trial court, the justice may order, or, upon the request of a party, authorize the taking of a deposition of the testimony of a medical witness. Said deposition shall be taken for use as medical evidence only, and shall be admissible in whole or in part in a proceeding before said district court department. The expense for stenographic service in connection with the taking of such deposition shall be paid by the party requesting that such witness be deposed, or whose witness is ordered to be deposed; provided, however, that if the judgment entered by the district court justice is in favor of the plaintiff, the cost of such stenographic expense shall be added to such judgment and shall be paid by the insurer, if the defendant has insurance, or by the defendant, if he does not have such insurance.
2023 Massachusetts General Laws › Part III - Courts, Judicial Officers and Proceedings in Civil Cases › Title II - Actions and Proceedings Therein › Chapter 233 - Witnesses and Evidence › Section 25 - Grounds for Deposition

Section 25. If a witness or party whose testimony is wanted in a civil cause or proceeding pending in the commonwealth lives more than thirty miles from the place of trial, or is about to go out of the commonwealth and not to return in time for the trial, or is so ill, aged or infirm as to make it probable that he will not be able to attend at the trial, his deposition may be taken.
2023 Massachusetts General Laws › Part III - Courts, Judicial Officers and Proceedings in Civil Cases › Title II - Actions and Proceedings Therein › Chapter 233 - Witnesses and Evidence › Section 26 - Notice of Taking Deposition

Section 26. After service of process in an action, or after a submission to arbitrators or referees, either party may apply to a justice of the peace or a notary public, who shall issue a notice to the adverse party to appear and propose interrogatories before said justice or any other justice of the peace or before said notary or any other notary public at the time and place appointed for taking the deposition.
2023 Massachusetts General Laws › Part III - Courts, Judicial Officers and Proceedings in Civil Cases › Title II - Actions and Proceedings Therein › Chapter 233 - Witnesses and Evidence › Section 28 - Mode of Service

Section 28. The notice shall be served by delivering an attested copy thereof to the person to be notified, or by leaving such copy at his place of abode, not less than twenty-four hours before the time appointed for taking the deposition, and also allowing not less time than at the rate of one day, Sundays excluded, for every twenty miles' travel to the place appointed.
2023 Massachusetts General Laws › Part III - Courts, Judicial Officers and Proceedings in Civil Cases › Title II - Actions and Proceedings Therein › Chapter 233 - Witnesses and Evidence › Section 29 - Verbal Notice; Waiver of Notice, Etc.

Section 29. The justice or notary who takes the deposition may give a verbal instead of the written notice. If the adverse party or his attorney in writing waives notice, or if the defendant does not enter his appearance in the action within the time required by law, no notice shall be required.
2023 Massachusetts General Laws › Part III - Courts, Judicial Officers and Proceedings in Civil Cases › Title II - Actions and Proceedings Therein › Chapter 233 - Witnesses and Evidence › Section 30 - Oath and Examination of Deponent

Section 30. The deponent shall be sworn or affirmed to testify the truth, the whole truth and nothing but the truth, relative to the cause for which the deposition is taken. The deponent shall then be examined by the justice or notary, and may be examined by the parties, and the testimony may be taken in writing or by any recording device, including an electronic device, which will accurately preserve such testimony.
2023 Massachusetts General Laws › Part III - Courts, Judicial Officers and Proceedings in Civil Cases › Title II - Actions and Proceedings Therein › Chapter 233 - Witnesses and Evidence › Section 31 - Order of Examination

Section 31. The party producing the deponent shall be allowed first to examine him, either upon verbal or written interrogatories, on all the points which he considers material; the adverse party may then examine him in like manner, after which either party may propose further interrogatories.
2023 Massachusetts General Laws › Part III - Courts, Judicial Officers and Proceedings in Civil Cases › Title II - Actions and Proceedings Therein › Chapter 233 - Witnesses and Evidence › Section 32 - Mode of Taking Deposition

Section 32. The deposition shall be written by the justice or notary or deponent or by a disinterested person in the presence and under the direction of the justice or notary, shall be carefully read to or by the deponent, and then subscribed by him.
2023 Massachusetts General Laws › Part III - Courts, Judicial Officers and Proceedings in Civil Cases › Title II - Actions and Proceedings Therein › Chapter 233 - Witnesses and Evidence › Section 33 - Certification of Deposition

Section 33. The justice or notary shall annex to the deposition a certificate of the time and manner of taking it, the person at whose request and the cause in which it was taken, the reason for taking it, and that the adverse party attended, or if he did not attend what notice was given to him.
2023 Massachusetts General Laws › Part III - Courts, Judicial Officers and Proceedings in Civil Cases › Title II - Actions and Proceedings Therein › Chapter 233 - Witnesses and Evidence › Section 34 - Delivery and Preservation of Deposition

Section 34. The deposition shall be delivered by the justice or notary to the court, arbitrators, referees or other persons before whom the cause is pending, or shall be enclosed and sealed by him and directed to it or them, and shall remain sealed until opened by it or them.
2023 Massachusetts General Laws › Part III - Courts, Judicial Officers and Proceedings in Civil Cases › Title II - Actions and Proceedings Therein › Chapter 233 - Witnesses and Evidence › Section 35 - Exclusion of Deposition

Section 35. The court may exclude the deposition if it finds that the adverse party failed without fault to attend the taking thereof, and shall exclude it if it finds that the reason for taking it, or other sufficient cause for its use, no longer exists.
2023 Massachusetts General Laws › Part III - Courts, Judicial Officers and Proceedings in Civil Cases › Title II - Actions and Proceedings Therein › Chapter 233 - Witnesses and Evidence › Section 36 - Objections to Deposition

Section 36. Objections to the competency or credibility of the deponent and to the admissibility of any questions asked of or answers made by him may be made when the deposition is produced in the same manner as if he were personally examined as a witness at the trial; but if a deposition is taken upon written interrogatories annexed to a commission, all objections to an interrogatory shall be made before the commission issues, and unless the interrogatory is withdrawn shall be noted in the deposition, otherwise they shall not be allowed.
2023 Massachusetts General Laws › Part III - Courts, Judicial Officers and Proceedings in Civil Cases › Title II - Actions and Proceedings Therein › Chapter 233 - Witnesses and Evidence › Section 37 - Use of Deposition in Second Action

Section 37. If a plaintiff discontinues his action or becomes nonsuit, and another action is afterward commenced for the same cause between the same parties or their respective representatives, depositions lawfully taken for the first action may be used in the second in the same manner and subject to the same conditions and objections as if originally taken for the second action, if the deposition was duly filed in the court in which the first action was pending and has remained in the custody of the court from the termination of the first action until the commencement of the second.
2023 Massachusetts General Laws › Part III - Courts, Judicial Officers and Proceedings in Civil Cases › Title II - Actions and Proceedings Therein › Chapter 233 - Witnesses and Evidence › Section 38 - Compelling Giving of Deposition; Place

Section 38. A person may be summoned and compelled to give his deposition at a place within twenty miles of his place of abode, in like manner and under the same penalties as are provided for a witness before a court.
2023 Massachusetts General Laws › Part III - Courts, Judicial Officers and Proceedings in Civil Cases › Title II - Actions and Proceedings Therein › Chapter 233 - Witnesses and Evidence › Section 39 - Place of Taking Deposition of Nonresident Found Within Commonwealth

Section 39. A person not a resident of but found within the commonwealth may be summoned and compelled to give his deposition at any place within ten miles of the place at which the summons is served upon him, in like manner and under the same penalties as he may be summoned and compelled to attend as a witness before a court.
2023 Massachusetts General Laws › Part III - Courts, Judicial Officers and Proceedings in Civil Cases › Title II - Actions and Proceedings Therein › Chapter 233 - Witnesses and Evidence › Section 41 - Taking Deposition Outside Commonwealth

Section 41. The deposition of a person without the commonwealth may be taken under a commission issued to one or more competent persons in another state or country by the court in which the cause is pending, or it may be taken before a commissioner appointed by the governor for that purpose, and in either case the deposition may be used in the same manner and subject to the same conditions and objections as if it had been taken in the commonwealth.
2023 Massachusetts General Laws › Part III - Courts, Judicial Officers and Proceedings in Civil Cases › Title II - Actions and Proceedings Therein › Chapter 233 - Witnesses and Evidence › Section 42 - Written Interrogatories; Notice to Adverse Party; Production of Documents

Section 42. Unless the court otherwise orders, a deposition taken before commissioners shall be taken upon written interrogatories, which shall be filed in the clerk's office and notice thereof given to the adverse party or his attorney, and upon cross interrogatories, if any are filed by him. But if the defendant does not enter his appearance in the action within the time required by law, no notice to him shall be required. The court may in any case order depositions to be taken before commissioners, in the manner provided by law for taking the depositions of witnesses within the commonwealth in actions at law, or in such manner as the court orders, and in such cases shall determine what notice shall be given to the adverse party, his agent or attorney, and the manner of service thereof, may authorize the taking of depositions of witnesses not specifically named in the commission, and may limit the extent of the inquiry. The court may order the production before the commissioner of any books, instruments or papers relative to any matter in issue.
2023 Massachusetts General Laws › Part III - Courts, Judicial Officers and Proceedings in Civil Cases › Title II - Actions and Proceedings Therein › Chapter 233 - Witnesses and Evidence › Section 44 - Foreign Depositions Obtained Contrary to Statute

Section 44. Depositions and affidavits taken without the commonwealth in any manner other than is provided in the three preceding sections, if taken before a notary public or other person authorized by the laws of any other state or country to take depositions, may be admitted or rejected in the discretion of the court; but such deposition or affidavit shall not be admitted unless the court finds that the adverse party had sufficient notice of the taking thereof and an opportunity to cross-examine the witness, or that from the circumstances of the case it was impossible to give him such notice.
2023 Massachusetts General Laws › Part III - Courts, Judicial Officers and Proceedings in Civil Cases › Title II - Actions and Proceedings Therein › Chapter 233 - Witnesses and Evidence › Section 45 - Deposition for Use in Another State

Section 45. A person may be summoned and compelled, in like manner and under the same penalties as are provided for a witness before a court, to give his deposition in a cause pending in a court of any other state or government. Such deposition may be taken before a justice of the peace or a notary public in the commonwealth, or before a commissioner appointed under the authority of the state or government in which the action is pending. If the deposition is taken before such commissioner, the witness may be summoned and compelled to appear before him by process from a justice of the peace or a notary public in the commonwealth.
2023 Massachusetts General Laws › Part III - Courts, Judicial Officers and Proceedings in Civil Cases › Title II - Actions and Proceedings Therein › Chapter 233 - Witnesses and Evidence › Section 46 - Application to Take Deposition to Perpetuate Testimony

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.
2023 Massachusetts General Laws › Part III - Courts, Judicial Officers and Proceedings in Civil Cases › Title II - Actions and Proceedings Therein › Chapter 233 - Witnesses and Evidence › Section 47 - Notice of Taking Deposition; Compelling Testimony

Section 47. The justices or notaries shall thereupon cause notice of the time and place appointed for taking the deposition to be given to all persons named in said statement as interested in the case, in the manner provided in sections twenty-six to twenty-nine, inclusive; and if in the opinion of the justices or notaries no sufficient provision is made by law for giving notice to parties adversely interested, they shall cause such reasonable notice to be given as they consider proper. A person may be summoned and compelled to give a deposition in perpetuation of his testimony in like manner and under the same penalties as are provided for a witness before a court.
2023 Massachusetts General Laws › Part III - Courts, Judicial Officers and Proceedings in Civil Cases › Title II - Actions and Proceedings Therein › Chapter 233 - Witnesses and Evidence › Section 48 - Objections to Taking Deposition; Procedure

Section 48. If at the time and place so appointed a witness or a person interested appears and objects, the justices or notaries shall not take the deposition unless upon hearing the parties they shall find that such testimony may be material to the petitioner and, except when the witness himself is petitioner, that it is not sought for the purpose of discovery or of using it in an action then pending or thereafter to be brought against said witness, and that the petitioner is in danger of losing the same before it can be taken in any action wherein his right, title, interest or claim can be tried. In all cases the petitioner, his agent or attorney shall, at the request of such witness or of a person interested, be examined on oath relative to his reasons for taking the deposition.
2023 Massachusetts General Laws › Part III - Courts, Judicial Officers and Proceedings in Civil Cases › Title II - Actions and Proceedings Therein › Chapter 233 - Witnesses and Evidence › Section 49 - Mode of Taking Deposition

Section 49. The deponent shall be sworn and examined, and his deposition shall be written, read and subscribed in the manner provided in sections thirty to thirty-two, inclusive; and the justices or notaries shall sign and annex thereto a certificate of the name of the person at whose request it was taken, the names of all persons who were notified to attend, of all who attended the taking thereof, of the time and manner of taking it, and that it was taken for the purpose of perpetuating the testimony therein.
2023 Massachusetts General Laws › Part III - Courts, Judicial Officers and Proceedings in Civil Cases › Title II - Actions and Proceedings Therein › Chapter 233 - Witnesses and Evidence › Section 50 - Recording Deposition

Section 50. The deposition, the certificate and the application of the petitioner shall, within ninety days after the taking of the deposition, be recorded in the registry of deeds in the county or district where the land lies, if the deposition relates to land; otherwise, in the county or district where the parties or some of them reside.
2023 Massachusetts General Laws › Part III - Courts, Judicial Officers and Proceedings in Civil Cases › Title II - Actions and Proceedings Therein › Chapter 233 - Witnesses and Evidence › Section 51 - Use of Deposition in Action

Section 51. If, at the time of taking such deposition or afterward, an action is pending between the petitioner and the persons named in his application or any of those who were notified as aforesaid, or any persons claiming under any of said persons, relative to the title, claim or interest set forth in the application, the deposition or a certified copy of it from the registry of deeds may be used in such action in the same manner and subject to the same conditions and objections as if it had been originally taken therefor.
2023 Massachusetts General Laws › Part III - Courts, Judicial Officers and Proceedings in Civil Cases › Title II - Actions and Proceedings Therein › Chapter 233 - Witnesses and Evidence › Section 53 - Application to Perpetuate Testimony of Nonresidents

Section 53. The person who desires to take such deposition shall file in either of said courts the application provided for in section forty-six; and if the subject of the proposed deposition relates to land within the commonwealth, a copy of the application with the statement therein shall be filed in the registry of deeds for the county or district where the land or any part thereof lies; otherwise, in the registry of deeds for the county or district where the parties or some of them reside.
2023 Massachusetts General Laws › Part III - Courts, Judicial Officers and Proceedings in Civil Cases › Title II - Actions and Proceedings Therein › Chapter 233 - Witnesses and Evidence › Section 54 - Notice of Taking Deposition

Section 54. The court shall order notice of such application and statement to be served on all the persons named therein as adversely interested, and living within the commonwealth, fourteen days at least before the time therein appointed for hearing the parties, and shall order reasonable notice to be given to such persons living without the commonwealth.
2023 Massachusetts General Laws › Part III - Courts, Judicial Officers and Proceedings in Civil Cases › Title II - Actions and Proceedings Therein › Chapter 233 - Witnesses and Evidence › Section 55 - Issuance of Commission

Section 55. If, upon hearing the parties who appear, the court finds that there is sufficient cause for taking the deposition, it shall issue a commission therefor in like manner as for taking a deposition to be used in a cause pending in the same court.
2023 Massachusetts General Laws › Part III - Courts, Judicial Officers and Proceedings in Civil Cases › Title II - Actions and Proceedings Therein › Chapter 233 - Witnesses and Evidence › Section 56 - Written Interrogatories

Section 56. The deposition shall be taken upon written interrogatories filed by the applicant, and cross interrogatories, if any are filed by any party adversely interested, and it shall be taken and returned substantially in the same manner as if taken to be used in a cause pending in the same court.
2023 Massachusetts General Laws › Part III - Courts, Judicial Officers and Proceedings in Civil Cases › Title II - Actions and Proceedings Therein › Chapter 233 - Witnesses and Evidence › Section 57 - Rules for Perpetuation of Testimony of Witnesses Without Commonwealth

Section 57. The supreme judicial court may make rules for taking depositions to perpetuate the testimony of witnesses without the commonwealth, taken under a commission from the supreme judicial or the superior court, and for filing or recording them.
2023 Massachusetts General Laws › Part III - Courts, Judicial Officers and Proceedings in Civil Cases › Title II - Actions and Proceedings Therein › Chapter 233 - Witnesses and Evidence › Section 59 - Perpetuation of Testimony for Use Against All Persons

Section 59. Depositions to perpetuate the testimony of witnesses within or without the commonwealth, so that they may be evidence against all persons, may, after public notice, be taken upon a commission issued by the supreme judicial court or the superior court.
2023 Massachusetts General Laws › Part III - Courts, Judicial Officers and Proceedings in Civil Cases › Title II - Actions and Proceedings Therein › Chapter 233 - Witnesses and Evidence › Section 60 - Application for Deposition

Section 60. The person who desires to have such deposition taken may apply to either of said courts in the manner provided in section fifty-three, and the proceedings thereon shall be the same as are provided in sections fifty-four to fifty-six, inclusive.
2023 Massachusetts General Laws › Part III - Courts, Judicial Officers and Proceedings in Civil Cases › Title II - Actions and Proceedings Therein › Chapter 233 - Witnesses and Evidence › Section 61 - Naming Persons Interested; Notice of Taking Deposition

Section 61. The court shall, in addition to the proceedings before provided, require the applicant, upon oath or otherwise, in its discretion, to state the names of all persons known or supposed to be interested in the subject matter of the application, and shall in the commission direct the commissioner or commissioners to publish in such newspaper within or without the commonwealth, or both, or in such other manner, as the court orders, such notice of the time and place of taking such deposition and of the subject matter thereof as the court approves. Such notice shall be addressed by name to all persons who are known or supposed to be interested in the subject matter of the application, and generally to all others, and shall state that they may attend and propose cross interrogatories to the witness. The court may require additional personal notice of the time and place of taking and of the subject matter of such deposition to be given to such persons and in such manner as it orders.
2023 Massachusetts General Laws › Part III - Courts, Judicial Officers and Proceedings in Civil Cases › Title II - Actions and Proceedings Therein › Chapter 233 - Witnesses and Evidence › Section 62 - Recording Deposition

Section 62. After such deposition has been taken, it shall be returned to the court by whose order the commission issued, which, if the deposition is found to have been taken according to law and the directions contained in the commission, shall order it to be recorded within thirty days after the date of the order in the registry of deeds, in the manner provided in section fifty.
2023 Massachusetts General Laws › Part III - Courts, Judicial Officers and Proceedings in Civil Cases › Title II - Actions and Proceedings Therein › Chapter 233 - Witnesses and Evidence › Section 63 - Use of Deposition Against Any Person

Section 63. A deposition taken and recorded under the provisions of the four preceding sections, or a certified copy thereof from the registry of deeds, may be used by the person at whose request it was taken, or by any person who claims under him, against any person whatever, in any action or process wherein is brought in question the title, claim or interest set forth in the statement upon which the commission was founded, in the same manner, and subject to the same conditions and objections, as if it had been originally taken for said action or process.
2023 Massachusetts General Laws › Part III - Courts, Judicial Officers and Proceedings in Civil Cases › Title II - Actions and Proceedings Therein › Chapter 233 - Witnesses and Evidence › Section 64 - Admissibility of Dying Declaration of Woman

Section 64. In prosecutions under section nineteen of chapter two hundred and seventy-two in which the death of a woman is alleged to have resulted from the means therein described, her dying declarations shall be admissible in evidence.
2023 Massachusetts General Laws › Part III - Courts, Judicial Officers and Proceedings in Civil Cases › Title II - Actions and Proceedings Therein › Chapter 233 - Witnesses and Evidence › Section 65 - Admissibility of Declaration of Decedent

Section 65. In any action or other civil judicial proceeding, a declaration of a deceased person shall not be inadmissible in evidence as hearsay or as private conversation between husband and wife, as the case may be, if the court finds that it was made in good faith and upon the personal knowledge of the declarant.
2023 Massachusetts General Laws › Part III - Courts, Judicial Officers and Proceedings in Civil Cases › Title II - Actions and Proceedings Therein › Chapter 233 - Witnesses and Evidence › Section 65a - Admissibility of Deceased Party's Answers to Interrogatories

Section 65A. If a party to an action who has filed answers to interrogatories under any applicable statute or any rule of the Massachusetts Rules of Civil Procedure dies, so much of such answers as the court finds have been made upon the personal knowledge of the deceased shall not be inadmissible as hearsay or self-serving if offered in evidence in said action by a representative of the deceased party.
2023 Massachusetts General Laws › Part III - Courts, Judicial Officers and Proceedings in Civil Cases › Title II - Actions and Proceedings Therein › Chapter 233 - Witnesses and Evidence › Section 66 - Evidence in Actions Against an Executor or Administrator

Section 66. If a cause of action brought against an executor or administrator is supported by oral testimony of a promise or statement made by the testator or intestate of the defendant, evidence of statements, written or oral, made by the decedent, memoranda and entries written by him, and evidence of his acts and habits of dealing tending to disprove or to show the improbability of the making of such promise or statement, shall be admissible.
2023 Massachusetts General Laws › Part III - Courts, Judicial Officers and Proceedings in Civil Cases › Title II - Actions and Proceedings Therein › Chapter 233 - Witnesses and Evidence › Section 67 - Evidence in Equity

Section 67. Evidence in any proceeding seeking equitable relief shall be taken in the same manner as in actions at law, unless the court otherwise orders; but this section shall not prevent such use of affidavits as had been heretofore allowed.
2023 Massachusetts General Laws › Part III - Courts, Judicial Officers and Proceedings in Civil Cases › Title II - Actions and Proceedings Therein › Chapter 233 - Witnesses and Evidence › Section 69 - Records of Courts of Other States or United States

Section 69. The records and judicial proceedings of a court of another state or of the United States shall be admissible in evidence in this commonwealth, if authenticated by the attestation of the clerk or other officer who has charge of the records of such court under its seal.
2023 Massachusetts General Laws › Part III - Courts, Judicial Officers and Proceedings in Civil Cases › Title II - Actions and Proceedings Therein › Chapter 233 - Witnesses and Evidence › Section 73 - Foreign Oaths and Affidavits

Section 73. All oaths and affidavits administered or taken by a notary public, duly commissioned and qualified by authority of any other state or government, within the jurisdiction for which he is commissioned, and certified under his official seal, shall be as effectual in this commonwealth as if administered or taken and certified by a justice of the peace therein.
2023 Massachusetts General Laws › Part III - Courts, Judicial Officers and Proceedings in Civil Cases › Title II - Actions and Proceedings Therein › Chapter 233 - Witnesses and Evidence › Section 75 - Admissibility of Printed Copies of Acts of Legislative and Administrative Bodies

Section 75. The printed copies of all statutes, acts and resolves of the commonwealth, public or private, which are published under its authority, and copies of the ordinances of a city, the by-laws of a town or of the rules and regulations of a board of aldermen, if attested by the clerk of such city or town, shall be admitted as sufficient evidence thereof in all courts of law and on all occasions. Printed copies of rules and regulations purporting to be issued by authority of any department, commission, board or officer of the commonwealth or of any city or town having authority to adopt them, or printed copies of any city ordinances or town by-laws or printed copies of the United States Code Annotated or the United States Code Service and all federal regulations, and the the titles, chapter, subchapters, parts and sections thereof, shall be admitted without certification or attestation, but, if their genuineness is questioned, the court shall require such certification or attestation thereof as it deems necessary.
2023 Massachusetts General Laws › Part III - Courts, Judicial Officers and Proceedings in Civil Cases › Title II - Actions and Proceedings Therein › Chapter 233 - Witnesses and Evidence › Section 76 - Admissibility of Authenticated Records of Governmental Departments

Section 76. Copies of books, papers, documents and records in any department of the commonwealth or of any city or town, authenticated by the attestation of the officer who has charge of the same, shall be competent evidence in all cases equally with the originals thereof; provided, that, except in the case of books, papers, documents and records of the department of public utilities or the department of telecommunications and cable in matters relating to common carriers, and of the registry of motor vehicles, the genuineness of the signature of such officer shall be attested by the secretary of the commonwealth under its seal or by the clerk of such city or town, as the case may be.
2023 Massachusetts General Laws › Part III - Courts, Judicial Officers and Proceedings in Civil Cases › Title II - Actions and Proceedings Therein › Chapter 233 - Witnesses and Evidence › Section 76a - Authenticated Copies of Documents Filed With Securities and Exchange Commission

Section 76A. Photostatic or other copies of applications, reports, books, records, returns, papers or documents filed with the federal securities and exchange commission, or any successor thereof, pursuant to the provisions of the act of congress known as the Securities Act of 1933, or the act of congress known as the Securities Exchange Act of 1934, as heretofore or hereafter amended, if authenticated by the attestation of the officer or person who has charge of the same together with a certificate of any one of the members of said commission, or of the secretary to said commission, or of any successor thereof, that such attestation is in due form and by the proper officer or person, shall be competent evidence in all cases equally with originals thereof.
2023 Massachusetts General Laws › Part III - Courts, Judicial Officers and Proceedings in Civil Cases › Title II - Actions and Proceedings Therein › Chapter 233 - Witnesses and Evidence › Section 76b - Printed Copies of Schedules, Classifications and Tariffs Filed With Interstate Commerce Commission

Section 76B. Printed copies of schedules, classifications and tariffs of rates, fares and charges, and supplements to any such schedules, classifications and tariffs, filed with the Interstate Commerce Commission, which show an Interstate Commerce Commission number, and an effective date shall be presumed to be correct copies of the original schedules, classifications, tariffs and supplements on file with the Interstate Commerce Commission, and shall be received as good and sufficient evidence, without certification, in any court of this commonwealth to prove such schedules, classifications, tariffs and supplements.
2023 Massachusetts General Laws › Part III - Courts, Judicial Officers and Proceedings in Civil Cases › Title II - Actions and Proceedings Therein › Chapter 233 - Witnesses and Evidence › Section 77 - Authenticated Copies of Records of Banks and Trust Companies

Section 77. Copies from the records, books and accounts of a trust company, co-operative bank, national bank or savings bank, doing business in the commonwealth, shall be competent evidence in all cases, equally with the originals thereof, if there is annexed to such copies an affidavit, taken before a clerk of a court of record or notary public, under the seal of such court or notary, stating that the affiant is the officer having charge of the original records, books and accounts, and that the copy is correct and is full so far as it relates to the subject matter therein mentioned.
2023 Massachusetts General Laws › Part III - Courts, Judicial Officers and Proceedings in Civil Cases › Title II - Actions and Proceedings Therein › Chapter 233 - Witnesses and Evidence › Section 77a - Bank Account Statement Together With Legible Copy of Check; Prima Facie Proof of Payment

Section 77A. A statement of account of a bank showing payment of a check or other item, together with a legible copy of the check or other item, shall be competent evidence in all cases to constitute prima facie proof of the payment in the amount of the check or other item. For the purposes of this section, the terms ''bank'', ''check'' and ''item'' shall have the meanings set forth in Article 4 of chapter 106.
2023 Massachusetts General Laws › Part III - Courts, Judicial Officers and Proceedings in Civil Cases › Title II - Actions and Proceedings Therein › Chapter 233 - Witnesses and Evidence › Section 78 - Entry, Writing or Record Made in Regular Course of Business; Impeachment

Section 78. An entry in an account kept in a book or by a card system or by any other system of keeping accounts, or a writing or record, whether in the form of an entry in a book or otherwise, made as a memorandum or record of any act, transaction, occurrence or event, shall not be inadmissible in any civil or criminal proceeding as evidence of the facts therein stated because it is transcribed or because it is hearsay or self-serving, if the court finds that the entry, writing or record was made in good faith in the regular course of business and before the beginning of the civil or criminal proceeding aforesaid and that it was the regular course of such business to make such memorandum or record at the time of such act, transaction, occurrence or event or within a reasonable time thereafter. For the purposes hereof, the word ''business'', in addition to its ordinary meaning, shall include profession, occupation and calling of every kind. The court, in its discretion, before admitting such entry, writing or record in evidence, may, to such extent as it deems practicable or desirable, but to no greater extent than the law required before April eleventh, nineteen hundred and thirteen, require the party offering the same to produce and offer in evidence the original entry, writing, document or account or any other from which the entry, writing or record offered or the facts therein stated were transcribed or taken, and to call as his witness any person who made the entry, writing or record offered or the original or any other entry, writing, document or account from which the entry, writing or record offered or the facts therein stated were transcribed or taken, or who has personal knowledge of the facts stated in the entry, writing or record offered. When any such entry, writing or record is admitted, all other circumstances of the making thereof, including lack of personal knowledge by the entrant or maker, may be shown to affect its weight and when such entry, writing or record is admitted in a criminal proceeding all questions of fact which must be determined by the court as the basis for the admissibility of the evidence involved shall be submitted to the jury, if a jury trial is had for its final determination.
2023 Massachusetts General Laws › Part III - Courts, Judicial Officers and Proceedings in Civil Cases › Title II - Actions and Proceedings Therein › Chapter 233 - Witnesses and Evidence › Section 79 - Records and Copies of Records of Hospitals and Certain Institutions; Admissibility in Evidence

Section 79. Records kept by hospitals, dispensaries or clinics, and sanatoria under section seventy of chapter one hundred and eleven shall be admissible, and records which the court finds are required to be kept by the laws of any other state or territory, or the District of Columbia, or by the laws and regulations of the United States of America pertaining to the department of national defense and the veterans administration, by hospitals, dispensaries or clinics, and sanatoria similarly conducted or operated or which, being incorporated, offer treatment free of charge, may be admitted by the court, in its discretion, as evidence in the courts of the commonwealth so far as such records relate to the treatment and medical history of such cases and the court may, in its discretion, admit copies of such records, if certified by the persons in custody thereof to be true and complete; but nothing therein contained shall be admissible as evidence which has reference to the question of liability. Copies of photographic or microphotographic records so kept by hospitals, dispensaries or clinics, or sanatoria, when duly certified by the person in charge of the hospital, dispensary or clinic, or sanatorium, shall be admitted in evidence equally with the original photographs or microphotographs.
A record kept by any hospital, dispensary or clinic, or sanatorium under section seventy of chapter one hundred and eleven which is required to be produced in court by any party shall be certified by the affidavit of the person in custody thereof to be a true and complete record, and shall be delivered by such hospital, dispensary or clinic, or sanatorium to the clerk of such court, who shall keep the same in his custody until its production is called for at the trial or hearing by the party requiring the said record. Such record, so certified and delivered shall be deemed to be sufficiently identified to be admissible in evidence if admissible in all other respects. The party requiring the production of said record and, in the discretion of the court, any other party may examine said record in the custody of the clerk at any time before it is produced in court. The clerk upon completion of such trial or hearing shall notify such hospital that said record is no longer required and will be returned to the hospital by certified mail unless an authorized representative of the hospital calls for the same at the office of said clerk within seven days of said notice.
2023 Massachusetts General Laws › Part III - Courts, Judicial Officers and Proceedings in Civil Cases › Title II - Actions and Proceedings Therein › Chapter 233 - Witnesses and Evidence › Section 79a - Certified Copies of Public and Private Records

Section 79A. Copies of public records, of records described in sections five, seven and sixteen, respectively, of chapter sixty-six<\/centy>;;;MI;;0000000;<\/centr>, and of records of banks, trust companies, insurance companies and hospitals, whether or not such records or copies are made by the photographic or microphotographic process, shall, when duly certified by the person in charge thereof, be admitted in evidence equally with the originals.
2023 Massachusetts General Laws › Part III - Courts, Judicial Officers and Proceedings in Civil Cases › Title II - Actions and Proceedings Therein › Chapter 233 - Witnesses and Evidence › Section 79b - Fact Statements Published for Persons in Particular Occupation

Section 79B. Statements of facts of general interest to persons engaged in an occupation contained in a list, register, periodical, book or other compilation, issued to the public, shall, in the discretion of the court, if the court finds that the compilation is published for the use of persons engaged in that occupation and commonly is used and relied upon by them, be admissible in civil cases as evidence of the truth of any fact so stated.
2023 Massachusetts General Laws › Part III - Courts, Judicial Officers and Proceedings in Civil Cases › Title II - Actions and Proceedings Therein › Chapter 233 - Witnesses and Evidence › Section 79c - Statements of Fact or Opinion in Scientific Publication; Notice of Intention to Use

Section 79C. Statements of facts or opinions on a subject of science or art contained in a published treatise, periodical, book or pamphlet shall, in so far as the court shall find that the said statements are relevant and that the writer of such statements is recognized in his profession or calling as an expert on the subject, be admissible in actions of contract or tort for malpractice, error or mistake against physicians, surgeons, dentists, optometrists, hospitals and sanitaria, as evidence tending to prove said facts or as opinion evidence; provided, however, that the party intending to offer as evidence any such statements shall, not less than thirty days before the trial of the action, give the adverse party or his attorney notice of such intention, stating the name of the writer of the statements, the title of the treatise, periodical, book or pamphlet in which they are contained, the date of publication of the same, the name of the publisher of the same, and wherever possible or practicable the page or pages of the same on which the said statements appear.