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Evidence: April 2015 Archives

Massachusetts Guide to Evidence

Massachusetts is one of the few states that has not adopted some version of the Federal Rules of Evidence.  The rules of evidence in Massachusetts are not codified, meaning that evidentiary issues are governed by common law.  In 1982, the Supreme Judicial Court ("SJC") rejected a proposed codification of Massachusetts evidence law, yet encouraged lawyers to cite to the "proposed rules."  Lawyers had to understand case law in order to know the evidentiary rules that apply in Massachusetts, as well as be familiar with the federal rules of evidence and the "proposed rules."  

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