Massachusetts Lack of Evidence

State:
Multi-State
Control #:
US-00885
Format:
Word; 
Rich Text
Instant download

Description

Lack of Evidence: A Lack of Evidence form is a sample jury instruction. This instruction states that the jury must acquit the Defendant if they feel the Plaintiff supplied a lack of evidence against the Defendant. This form is available in both Word and Rich Text formats.

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FAQ

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.

"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.

Massachusetts does not have official rules of evidence though there have been efforts over the years to gather state evidence law in various documents and texts. In 1982, the Supreme Judicial Court rejected the proposed Massachusetts Rules of Evidence as a general codification of the law of evidence.

Rule 703 permits an expert to base opinion testimony on personal knowledge, evidence admitted at trial, or evidence not admitted so long as it supplies the kind of facts or data that experts in the field ?reasonably rely? on in forming an opinion.

The burden is on the Commonwealth to prove beyond a reasonable doubt that the defendant is guilty of the charge(s) made against him (her). What is proof beyond a reasonable doubt? The term is often used and probably pretty well understood, though it is not easily defined.

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.

"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.?

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Massachusetts Lack of Evidence