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Statements made outside of court are hearsay and barred from being introduced as evidence under Massachusetts Rule of Evidence 802. However, several exceptions to the hearsay rule can allow certain pieces of reliable evidence containing hearsay to be admitted in a trial.
(13) Certified Records Generated by an Electronic Process or System. A record generated by an electronic process or system that produces an accurate result, as shown by a certification of a qualified person that complies with the certification requirements of Rule 902(11) or (12).
Rule 804(b)(1) creates a hearsay exception for former testimony given at an earlier trial or hearing, or in a deposition, if the witness has become unavailable, and the party against whom it is offered had an opportunity and similar motive to question the declarant at the earlier proceeding.
"The Guide is an invaluable resource to attorneys, judges, and self-represented litigants. The 2023 edition reflects important legal developments and includes the addition of Section 1120, which compiles the law concerning courtroom demonstrations, experiments, and computer simulations.?
Getting the documents you need from them to prove your case can be a challenge for both sides of a typical products liability case. Federal Rules of Evidence 902(11) and (12) make your job of authenticating domestic and foreign records and laying an evidentiary foundation for them at trial much easier.
Rule 609(c) as submitted by the Court provided in part that evidence of a witness' prior conviction is not admissible to attack his credibility if the conviction was the subject of a pardon, annulment, or other equivalent procedure, based on a showing of rehabilitation, and the witness has not been convicted of a ...
"The best evidence rule provides that, where the contents of a document are to be proved, the party must either produce the original or show a sufficient excuse for its nonproduction.
(A) A previously recorded statement may be admissible if (i) the witness has insufficient memory to testify fully and accurately, (ii) the witness had firsthand knowledge of the facts recorded, (iii) the witness can testify that the recorded statement was truthful when made, and (iv) the witness made or adopted the ...
Evid. 804(a)(2), which, like the Federal rule, provides that a witness who persists in refusing to testify concerning the subject matter of a previous statement may be deemed to be unavailable. See Commonwealth v. Rosado, 480 Mass.