Mass. Gen. Laws ch. 233 – Witnesses and Evidence | Midpage

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Massachusetts General Laws

Chapter 233

Mass. Gen. Laws ch. 233

Witnesses and Evidence

1Issuance of summonses for witnesses 2Service of summons 3Witness fees; payment or tender 3ARepresentation of commissioner of banks 4Liability for nonattendance 5Penalty for nonattendance; contempt 6Warrant for nonattending witness 7Witnesses before executive council 8Bodies authorized to summon witnesses; oath 9Warrant for witness failing to attend before nonjudicial tribunal 10Enforcing attendance before nonjudicial tribunal 11Requiring testimony 12Summons for attendance at criminal trial outside state 13Penalty for nonattendance outside state 13AAttendance of witnesses outside state; hearing and summons; failure to attend 13BAttendance of witness from another state; fees; failure to attend 13CExemption from arrest and process of witnesses from outside state 13DShort title; construction of law 14Persons authorized to administer oaths 15Mode of administering oaths 16Mode requested by affiant 17Affirmation by Quakers 18Affirmation for reasons of conscience 19Oaths of non–Christians 20Competency of witnesses; husband and wife; criminal defendant; parent and child 20APrivileged communications; communications with clergymen 20BPrivileged communications; patients and psychotherapists; exceptions 20CImmunity from prosecution; privilege against self-incrimination 20DCrimes subject to immunity 20EApplication for witness immunity by attorney general or district attorney; hearing; representation of witness; notice or waiver; transcript 20GScope of immunity; copies of transcript of testimony compelled and documents furnished; availability to witness 20HContempt of court; punishment; appeal 20INecessity of corroborating testimony of, or evidence produced by, person granted immunity 20JSexual assault; confidential communications with sexual assault counsellor; disclosure; discovery 20KDomestic violence victims' counselors; confidential communications 20LConfidentiality of domestic violence victims' program and rape crisis center locations 20MDisclosure of confidential communication regarding human trafficking victim by caseworker 20NDisclosure of home address or personal telephone number of social worker employed by the department of children and families; service of process, summons or subpoena upon social worker; state-issued identification cards 20OCrisis intervention services for emergency service provider; confidentiality of information 21Proof of conviction of crime to affect credibility 21AEvidence of reputation 21BEvidence of sex crime victim's sexual conduct; admission hearing; findings 22Cross-examination of adverse party; corporation's agent as adverse party 23Impeachment of party's own witness 23AAdmissibility of written or recorded statements of party to personal injury action 23BAccused; statements made while undergoing psychiatric examination; admissibility 23CWork product of mediator confidential; confidential communications; exception; mediator defined 23DAdmissibility of benevolent statements, writings or gestures relating to accident victims 23EAlternative procedure for determining competency of witnesses with an intellectual disability 23FAdmissibility of past physical, sexual or psychological abuse of defendant 24Depositions in civil cases authorized 24AMedical witnesses 25Grounds for deposition 26Notice of taking deposition 27Persons on whom notice may be served 28Mode of service 29Verbal notice; waiver of notice, etc.30Oath and examination of deponent 31Order of examination 32Mode of taking deposition 33Certification of deposition 34Delivery and preservation of deposition 35Exclusion of deposition 36Objections to deposition 37Use of deposition in second action 38Compelling giving of deposition; place 39Place of taking deposition of nonresident found within commonwealth 40Rules for taking depositions 41Taking deposition outside commonwealth 42Written interrogatories; notice to adverse party; production of documents 43Rules for taking depositions outside of commonwealth 44Foreign depositions obtained contrary to statute 45Deposition for use in another state 46Application to take deposition to perpetuate testimony 47Notice of taking deposition; compelling testimony 48Objections to taking deposition; procedure 49Mode of taking deposition 50Recording deposition 51Use of deposition in action 52Perpetuation of testimony of nonresidents 53Application to perpetuate testimony of nonresidents 54Notice of taking deposition 55Issuance of commission 56Written interrogatories 57Rules for perpetuation of testimony of witnesses without commonwealth 58Use of deposition 59Perpetuation of testimony for use against all persons 60Application for deposition 61Naming persons interested; notice of taking deposition 62Recording deposition 63Use of deposition against any person 64Admissibility of dying declaration of woman 65Admissibility of declaration of decedent 65AAdmissibility of deceased party's answers to interrogatories 66Evidence in actions against an executor or administrator 67Evidence in equity 68Proof of signature to attested instrument 69Records of courts of other states or United States 70Judicial notice of foreign law 73Foreign oaths and affidavits 74Evidence of acts of incorporation 75Admissibility of printed copies of acts of legislative and administrative bodies 76Admissibility of authenticated records of governmental departments 76AAuthenticated copies of documents filed with securities and exchange commission 76BPrinted copies of schedules, classifications and tariffs filed with interstate commerce commission 77Authenticated copies of records of banks and trust companies 77ABank account statement together with legible copy of check; prima facie proof of payment 78Entry, writing or record made in regular course of business; impeachment 79Records and copies of records of hospitals and certain institutions; admissibility in evidence 79ACertified copies of public and private records 79BFact statements published for persons in particular occupation 79CStatements of fact or opinion in scientific publication; notice of intention to use 79DPhotographic copies of newspaper in library; prints from photographic films 79EReproductions of public or business records 79FProof of public way 79GMedical and hospital services; evidence 79HTort actions for personal injuries or death; admissibility of reports of deceased physicians 79IActions to recover from insurer for theft of personal property from motor vehicle or trailer; prima facie evidence of forcible entry into vehicle 79JBusiness records required to be produced in court; certification, admissibility and inspection; copies 79KDuplicate of computer data file or program file; admissibility 79LStatements or conduct expressing regret, apology, condolence by health care provider; admissibility 80Transcripts from stenographic notes 81Criminal proceedings; out-of-court statements describing sexual contact; admissibility 82Civil proceedings; out-of-court statements describing sexual contact; admissibility 83Custody hearings; out-of-court statements describing sexual contact; admissibility