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General Laws of Massachusetts - Chapter 233 Witnesses and Evidence.
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Massachusetts Laws
Witnesses.
- Massachusetts General Laws - Issuance of summonses for witnesses - Chapter 233, Section 1
A clerk of a court of record, a notary public or a justice of the peace may issue summonses for witnesses in all cases pending...
- Massachusetts General Laws - Service of summons - Chapter 233, Section 2
Such summons may be served in any county by an officer qualified to serve civil process or by a disinterested person by exhibiting and reading...
- Massachusetts General Laws - Witness fees; payment or tender - Chapter 233, Section 3
No person shall be required to attend as a witness in a civil case or for the defendant in a criminal case except a person...
- Massachusetts General Laws - Representation of commissioner of banks - Chapter 233, Section 3A
If the commissioner of banks is summoned as a witness in any proceeding involving his official acts, unless the court or tribunal shall otherwise order,...
- Massachusetts General Laws - Liability for nonattendance - Chapter 233, Section 4
If a person who has been duly summoned and required to attend as a witness under the preceding sections or section thirty-seven of chapter two...
- Massachusetts General Laws - Penalty for nonattendance; contempt - Chapter 233, Section 5
Such failure to attend as a witness before a court, justice of the peace, master in chancery, master or auditor appointed by a court, or...
- Massachusetts General Laws - Warrant for nonattending witness - Chapter 233, Section 6
The court, justice, master in chancery, master, auditor or county commissioners may in such case issue a warrant to bring such witness before them to...
- Massachusetts General Laws - Witnesses before executive council - Chapter 233, Section 7
Witnesses may be summoned to attend and testify at a hearing before the executive council, or a committee thereof, as to matters within its authority....
- Massachusetts General Laws - Bodies authorized to summon witnesses; oath - Chapter 233, Section 8
Witnesses may be summoned to attend and testify and to produce books and papers at a hearing before a city council, or either branch thereof,...
- Massachusetts General Laws - Warrant for witness failing to attend before nonjudicial tribunal - Chapter 233, Section 9
If a witness who has been so summoned and paid or tendered the proper fees fails to attend in pursuance thereof, the presiding officer of...
- Massachusetts General Laws - Enforcing attendance before nonjudicial tribunal - Chapter 233, Section 10
A justice of the supreme judicial or the superior court, upon application of a tribunal authorized to summon but not to compel the attendance of...
- Massachusetts General Laws - Requiring testimony - Chapter 233, Section 11
A justice of the supreme judicial or the superior court, upon the application of a magistrate or tribunal authorized to summon and compel the attendance...
- Massachusetts General Laws - Summons for attendance at criminal trial outside state - Chapter 233, Section 12
A justice of the peace, upon receipt of a certificate of the clerk of a court of record in the state of Maine or in...
- Massachusetts General Laws - Penalty for nonattendance outside state - Chapter 233, Section 13
If the person on whom such summons is served is paid or tendered double the fees allowed by law for travel and attendance of witnesses...
- Massachusetts General Laws - Attendance of witnesses outside state; hearing and summons; failure to attend - Chapter 233, Section 13A
If a certificate wherein a judge of a court of record in any state which by its laws has made provision for commanding persons within...
- Massachusetts General Laws - Attendance of witness from another state; fees; failure to attend - Chapter 233, Section 13B
If a person in any state which by its laws has made provision for commanding persons within its borders to attend and testify in criminal...
- Massachusetts General Laws - Exemption from arrest and process of witnesses from outside state - Chapter 233, Section 13C
If a person comes into this commonwealth in obedience to a summons or order directing him to attend and testify in a criminal proceeding or...
- Massachusetts General Laws - Short title; construction of law - Chapter 233, Section 13D
Sections thirteen A to thirteen C, inclusive, may be cited as the uniform law to secure the attendance of witnesses from without a state in...
- Massachusetts General Laws - Persons authorized to administer oaths - Chapter 233, Section 14
Arbitrators, referees, masters and auditors appointed according to law may administer oaths or affirmations to all persons offered as witnesses before them.
- Massachusetts General Laws - Mode of administering oaths - Chapter 233, Section 15
The usual mode of administering oaths now practiced in the commonwealth, with the ceremony of holding up the hand, shall be observed in all cases...
- Massachusetts General Laws - Mode requested by affiant - Chapter 233, Section 16
If a person to be sworn declares that a different mode of taking the oath is in his opinion more solemn and obligatory than the...
- Massachusetts General Laws - Affirmation by Quakers - Chapter 233, Section 17
A Friend or Quaker when called on to take an oath may solemnly and sincerely affirm under the penalties of perjury.
- Massachusetts General Laws - Affirmation for reasons of conscience - Chapter 233, Section 18
A person who declares that he has conscientious scruples against taking an oath shall, when called upon for that purpose, be permitted to affirm in...
- Massachusetts General Laws - Oaths of non-Christians - Chapter 233, Section 19
A person believing in any other than the Christian religion may be sworn according to the appropriate ceremonies of his religion. A person not a...
- Massachusetts General Laws - Competency of witnesses; husband and wife; criminal defendant; parent and child - Chapter 233, Section 20
Any person of sufficient understanding, although a party, may testify in any proceeding, civil or criminal, in court or before a person who has authority...
- Massachusetts General Laws - Privileged communications; communications with clergymen - Chapter 233, Section 20A
A priest, rabbi or ordained or licensed minister of any church or an accredited Christian Science practitioner shall not, without the consent of the person...
- Massachusetts General Laws - Privileged communications; patients and psychotherapists; exceptions - Chapter 233, Section 20B
The following words as used in this section shall have the following meanings:— “Patient”, a person who, during the course of diagnosis or treatment, communicates...
- Massachusetts General Laws - Privilege against self-incrimination; immunity from prosecution; grand jury proceedings - Chapter 233, Section 20C
In any investigation or proceeding before a grand jury, or in a criminal proceeding in the supreme judicial court, appeals court or superior court involving...
- Massachusetts General Laws - Crimes subject to immunity - Chapter 233, Section 20D
A witness who is called or who may be called to testify before a grand jury or in a criminal proceeding in the supreme judicial...
- Massachusetts General Laws - Application to supreme judicial court for immunity of witness in grand jury proceedings; copies to attorney general and district attorneys; proof of service; hearing; counsel; transcript; orders compelling testimony or production of evidence and granting or denying immunity - Chapter 233, Section 20E
(a) A justice of the supreme judicial court, appeals court or superior court shall, at the request of the attorney general or a district attorney,...
- Massachusetts General Laws - Superior court order granting immunity to witness in criminal proceedings - Chapter 233, Section 20F
Chapter 233: Section 20F. Repealed, 1998, 188, Sec. 5
- Massachusetts General Laws - Scope of immunity; copies of transcript of testimony compelled and documents furnished; availability to witness - Chapter 233, Section 20G
A witness who has been granted immunity as provided in section 20E shall not be prosecuted or subjected to any penalty or forfeiture for or...
- Massachusetts General Laws - Contempt of court; punishment; appeal - Chapter 233, Section 20H
If a witness has been granted immunity pursuant to the provisions of section twenty E by a justice of the supreme judicial court, appeals court...
- Massachusetts General Laws - Necessity of corroborating testimony of, or evidence produced by, person granted immunity - Chapter 233, Section 20I
No defendant in any criminal proceeding shall be convicted solely on the testimony of, or the evidence produced by, a person granted immunity under the...
- Massachusetts General Laws - Sexual assault; confidential communications with sexual assault counsellor; disclosure; discovery - Chapter 233, Section 20J
As used in this section the following words, unless the context clearly requires otherwise, shall have the following meaning:— “Rape crisis center”, any office, institution...
- Massachusetts General Laws - Domestic violence victims' counselors; confidential communications - Chapter 233, Section 20K
As used in this section the following words shall unless the context clearly requires otherwise have the following meanings:— “Abuse”, causing or attempting to cause...
- Massachusetts General Laws - Domestic violence victims' programs and rape crisis centers; confidential addresses - Chapter 233, Section 20L
The location and street address of all domestic violence victims’ programs, as defined in section twenty K and rape crisis centers, as defined in section...
- Massachusetts General Laws - Proof of conviction of crime to affect credibility - Chapter 233, Section 21
The conviction of a witness of a crime may be shown to affect his credibility, except as follows: First, The record of his conviction of...
- Massachusetts General Laws - Evidence of reputation - Chapter 233, Section 21A
Evidence of the reputation of a person in a group with the members of which he has habitually associated in his work or business shall...
- Massachusetts General Laws - Evidence of sex crime victim's sexual conduct; admission hearing; findings - Chapter 233, Section 21B
Evidence of the reputation of a victim’s sexual conduct shall not be admissible in any investigation or proceeding before a grand jury or any court...
- Massachusetts General Laws - Cross-examination of adverse party; corporation's agent as adverse party - Chapter 233, Section 22
A party who calls the adverse party as a witness shall be allowed to cross-examine him. In case the adverse party is a corporation, an...
- Massachusetts General Laws - Impeachment of party's own witness - Chapter 233, Section 23
The party who produces a witness shall not impeach his credit by evidence of bad character, but may contradict him by other evidence, and may...
- Massachusetts General Laws - Admissibility of written or recorded statements of party to personal injury action - Chapter 233, Section 23A
In any action to recover damages for personal injuries or consequential damages, so called, resulting therefrom, no statement in writing signed by any party to...
- Massachusetts General Laws - Accused; statements made while undergoing psychiatric examination; admissibility - Chapter 233, Section 23B
In the trial of an indictment or complaint for any crime, no statement made by a defendant therein subjected to psychiatric examination pursuant to sections...
- Massachusetts General Laws - Work product of mediator confidential; confidential communications; exception; mediator defined - Chapter 233, 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...
- Massachusetts General Laws - Admissibility of benevolent statements, writings or gestures relating to accident victims - Chapter 233, 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...
- Massachusetts General Laws - Witnesses with mental retardation; alternative procedures for taking testimony - Chapter 233, Section 23E
(a) For the purposes of this section, the following words shall have the following meanings, unless the context clearly requires otherwise:— “Witnesses with mental retardation”,...
- Massachusetts General Laws - Admissibility of evidence of physical, sexual or psychological abuse and related expert testimony - Chapter 233, 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...
Depositions.
- Massachusetts General Laws - Depositions in civil cases authorized - Chapter 233, 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...
- Massachusetts General Laws - Medical witnesses - Chapter 233, 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...
- Massachusetts General Laws - Grounds for deposition - Chapter 233, 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...
- Massachusetts General Laws - Notice of taking deposition - Chapter 233, 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...
- Massachusetts General Laws - Persons on whom notice may be served - Chapter 233, Section 27
The notice may be served on the adverse party, his agent or attorney, and if there are several plaintiffs or defendants, on any of them.
- Massachusetts General Laws - Mode of service - Chapter 233, 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...
- Massachusetts General Laws - Verbal notice; waiver of notice, etc - Chapter 233, 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...
- Massachusetts General Laws - Oath and examination of deponent - Chapter 233, 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...
- Massachusetts General Laws - Order of examination - Chapter 233, 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...
- Massachusetts General Laws - Mode of taking deposition - Chapter 233, 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...
- Massachusetts General Laws - Certification of deposition - Chapter 233, 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...
- Massachusetts General Laws - Delivery and preservation of deposition - Chapter 233, 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...
- Massachusetts General Laws - Exclusion of deposition - Chapter 233, 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...
- Massachusetts General Laws - Objections to deposition - Chapter 233, 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...
- Massachusetts General Laws - Use of deposition in second action - Chapter 233, 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...
- Massachusetts General Laws - Compelling giving of deposition; place - Chapter 233, 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...
- Massachusetts General Laws - Place of taking deposition of nonresident found within commonwealth - Chapter 233, 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...
- Massachusetts General Laws - Rules for taking depositions - Chapter 233, Section 40
The courts may make rules regulating the time and manner of opening, filing and safe keeping of depositions, and the taking and use thereof.
- Massachusetts General Laws - Taking deposition outside commonwealth - Chapter 233, 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...
- Massachusetts General Laws - Written interrogatories; notice to adverse party; production of documents - Chapter 233, 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...
- Massachusetts General Laws - Rules for taking depositions outside of commonwealth - Chapter 233, Section 43
The courts may make rules for the issuing of commissions, the filing of interrogatories and all other matters relative to depositions taken without the commonwealth.
- Massachusetts General Laws - Foreign depositions obtained contrary to statute - Chapter 233, 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...
- Massachusetts General Laws - Deposition for use in another state - Chapter 233, 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...
Depositions to Perpetuate Testimony.
- Massachusetts General Laws - Application to take deposition to perpetuate testimony - Chapter 233, 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...
- Massachusetts General Laws - Notice of taking deposition; compelling testimony - Chapter 233, 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...
- Massachusetts General Laws - Objections to taking deposition; procedure - Chapter 233, 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...
- Massachusetts General Laws - Mode of taking deposition - Chapter 233, 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,...
- Massachusetts General Laws - Recording deposition - Chapter 233, 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...
- Massachusetts General Laws - Use of deposition in action - Chapter 233, 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...
- Massachusetts General Laws - Perpetuation of testimony of nonresidents - Chapter 233, Section 52
Depositions to perpetuate the testimony of persons living without the commonwealth may be taken without the commonwealth upon a commission issued by the supreme judicial...
- Massachusetts General Laws - Application to perpetuate testimony of nonresidents - Chapter 233, 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...
- Massachusetts General Laws - Notice of taking deposition - Chapter 233, 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...
- Massachusetts General Laws - Issuance of commission - Chapter 233, 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...
- Massachusetts General Laws - Written interrogatories - Chapter 233, 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...
- Massachusetts General Laws - Rules for perpetuation of testimony of witnesses without commonwealth - Chapter 233, 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...
- Massachusetts General Laws - Use of deposition - Chapter 233, Section 58
Depositions to perpetuate the testimony of witnesses which are taken without the commonwealth under this chapter may be used in like manner as if taken...
- Massachusetts General Laws - Perpetuation of testimony for use against all persons - Chapter 233, 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,...
- Massachusetts General Laws - Application for deposition - Chapter 233, 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...
- Massachusetts General Laws - Naming persons interested; notice of taking deposition - Chapter 233, 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...
- Massachusetts General Laws - Recording deposition - Chapter 233, 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...
- Massachusetts General Laws - Use of deposition against any person - Chapter 233, 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...
Dying Declarations and Declarations of Deceased Persons.
Evidence in Equity.
Proof of Attested Instrument.
Proof of Statutes, Laws, Etc.
- Massachusetts General Laws - Records of courts of other states or United States - Chapter 233, 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...
- Massachusetts General Laws - Judicial notice of foreign law - Chapter 233, Section 70
The courts shall take judicial notice of the law of the United States or of any state, territory or dependency thereof or of a foreign...
- Massachusetts General Laws - 72. Repealed, 1926, 168, Sec. 2 - Chapter 233, Section 71
Chapter 233: Section 71, 72. Repealed, 1926, 168, Sec. 2
- Massachusetts General Laws - Foreign oaths and affidavits - Chapter 233, 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...
- Massachusetts General Laws - Evidence of acts of incorporation - Chapter 233, Section 74
Acts of incorporation shall be held to be public acts and as such may be declared on and given in evidence.
- Massachusetts General Laws - Admissibility of printed copies of acts of legislative and administrative bodies - Chapter 233, 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...
- Massachusetts General Laws - Admissibility of authenticated records of governmental departments - Chapter 233, Section 76
[ Text of section effective until April 15, 2009. For text effective April 15, 2009, see below.]Copies of books, papers, documents and records in any...
- Massachusetts General Laws - Authenticated copies of documents filed with securities and exchange commission - Chapter 233, 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,...
- Massachusetts General Laws - Printed copies of schedules, classifications and tariffs filed with interstate commerce commission - Chapter 233, 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...
- Massachusetts General Laws - Authenticated copies of records of banks and trust companies - Chapter 233, 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...
- Massachusetts General Laws - Bank account statement together with legible copy of check; prima facie proof of payment - Chapter 233, 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...
- Massachusetts General Laws - Entry, writing or record made in regular course of business; impeachment - Chapter 233, 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...
- Massachusetts General Laws - Records and copies of records of hospitals and certain institutions; admissibility as evidence - Chapter 233, 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...
- Massachusetts General Laws - Certified copies of public and private records - Chapter 233, Section 79A
Copies of public records, of records described in sections five, seven and sixteen, respectively, of chapter sixty-six, and of records of banks, trust companies, insurance...
- Massachusetts General Laws - Fact statements published for persons in particular occupation - Chapter 233, 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...
- Massachusetts General Laws - Statements of fact or opinion in scientific publication; notice of intention to use - Chapter 233, 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...
- Massachusetts General Laws - Photographic copies of newspaper in library; prints from photographic films - Chapter 233, Section 79D
Copies of any newspaper, or part thereof made by the photographic or microphotographic process deposited in any public library or a library of any college...
- Massachusetts General Laws - Reproductions of public or business records - Chapter 233, Section 79E
If any business, institution, member of a profession or calling, or any department or agency of government, in the regular course of business or activity,...
- Massachusetts General Laws - Proof of public way - Chapter 233, Section 79F
A certificate by the secretary of the public works commission in the case of a state highway, or the secretary of the metropolitan district commission...
- Massachusetts General Laws - Medical and hospital services; evidence - Chapter 233, Section 79G
In any proceeding commenced in any court, commission or agency, an itemized bill and reports, including hospital medical records, relating to medical, dental, hospital services,...
- Massachusetts General Laws - Tort actions for personal injuries or death; admissibility of reports of deceased physicians - Chapter 233, Section 79H
In an action of tort for personal injuries or death, or for consequential damages arising from such personal injuries, the medical report of a deceased...
- Massachusetts General Laws - Actions to recover from insurer for theft of personal property from motor vehicle or trailer; prima facie evidence of forcible entry into vehicle - Chapter 233, Section 79I
In an action to recover from an insurer under a policy which provides coverage for theft of personal articles from a motor vehicle or trailer...
- Massachusetts General Laws - Business records required to be produced in court; certification, admissibility and inspection; copies - Chapter 233, Section 79J
A record kept by any business which is required to be produced in court by any party shall be certified by the affidavit of the...
- Massachusetts General Laws - Duplicate of a computer data file or program file; admissibility - Chapter 233, Section 79K
A duplicate of a computer data file or program file shall be admissible in evidence as the original itself unless (1) a genuine question is...
Stenographic Transcripts.
Last modified: March 17, 2010
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