Massachusetts Order to Disclose Witnesses
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FAQ
R. Evid. 703, which permits opinions based on inadmissible evidence of a type reasonably relied upon by experts in the relevant field, Massachusetts law requires the facts or data underlying an opinion to be independently admissible, even if not actually admitted.
(a) Reputation or Opinion Evidence. A witness's credibility may be attacked or supported by testimony about the witness's reputation for having a character for truthfulness or untruthfulness, or by testimony in the form of an opinion about that character.
Evidence of specific acts relevant to a witness's credibility is governed by Military Rule of Evidence 608 (b). That rule permits counsel to ask questions about specific acts of the witness that goes to their credibility or character for truthfulness. Extrinsic evidence of those acts is not permitted under this rule.
(a) Reputation or Opinion Evidence. A witness's credibility may be attacked or supported by testimony about the witness's reputation for having a character for truthfulness or untruthfulness, or by testimony in the form of an opinion about that character.
Section 1113 - Opening Statement and Closing Argument; Applicable to Criminal and Civil Cases (a)Opening Statement. (1)Purpose. The proper function of an opening statement is to outline in a general way the nature of the case that a party expects to be able to prove or support by admissible evidence.
Rule 26(e)(1) requires supplementation of previously complete responses to discovery (either in a deposition or by interrogatories, or otherwise) in only certain limited respects: (a) the identity and location of persons having any knowledge of discoverable matters, provided the identity and location of such persons ...
Evid. 608(b), which permit inquiry into the details of prior instances of misconduct if probative of the witness's character for veracity. See Commonwealth v. Lopes, 478 Mass.
Rule 608(a), on the other hand, only applies to the credibility of a witness (either the defendant, or any other witness), and focuses on the issues of truthfulness, not law-abidingness.
