Chapter 233

Section 1. A clerk of a court of record, a notary public or a justice of the peace may issue summonses for witnesses in all cases pending before courts, magistrates, auditors, referees, arbitrators or other persons authorized to examine witnesses, and at all hearings upon applica…

Section 10. A justice of the supreme judicial or the superior court, upon application of a tribunal authorized to summon but not to compel the attendance of witnesses and the giving of testimony before it, may, in his discretion, compel the attendance of such witnesses and the gi…

Section 11. A justice of the supreme judicial or the superior court, upon the application of a magistrate or tribunal authorized to summon and compel the attendance of witnesses may, in his discretion, compel the giving of testimony by them before such magistrate or tribunal, in …

Section 12. A justice of the peace, upon receipt of a certificate of the clerk of a court of record in the state of Maine or in a state adjoining this commonwealth that a criminal prosecution is pending in such court, and that a resident of the commonwealth is supposed to be a ma…

Section 13. If the person on whom such summons is served is paid or tendered double the fees allowed by law for travel and attendance of witnesses in the supreme judicial court, and double traveling expenses for the whole distance out and home by the ordinary traveled route, he s…

Section 13A. If a certificate wherein a judge of a court of record in any state which by its laws has made provision for commanding persons within its borders to attend and testify in criminal actions, prosecutions and other criminal proceedings pending, or grand jury investigati…

Section 13B. If a person in any state which by its laws has made provision for commanding persons within its borders to attend and testify in criminal proceedings pending, or grand jury investigations and proceedings commenced or about to commence, in this commonwealth is a mater…

Section 13C. If a person comes into this commonwealth in obedience to a summons or order directing him to attend and testify in a criminal proceeding or grand jury investigation or proceeding in this commonwealth he shall not, while in this commonwealth pursuant to such summons o…

Section 13D. Sections thirteen A to thirteen C, inclusive, may be cited as the uniform law to secure the attendance of witnesses from without a state in criminal proceedings, and shall be so interpreted and construed as to effectuate their general purpose to make uniform the law …

Section 14. Arbitrators, referees, masters and auditors appointed according to law may administer oaths or affirmations to all persons offered as witnesses before them.

Section 15. The usual mode of administering oaths now practiced in the commonwealth, with the ceremony of holding up the hand, shall be observed in all cases in which an oath may be administered by law, except as provided in sections sixteen to nineteen, inclusive.

Section 16. If a person to be sworn declares that a different mode of taking the oath is in his opinion more solemn and obligatory than the upholding of the hand, the oath may be administered in such mode.

Section 17. A Friend or Quaker when called on to take an oath may solemnly and sincerely affirm under the penalties of perjury.

Section 18. A person who declares that he has conscientious scruples against taking an oath shall, when called upon for that purpose, be permitted to affirm in the manner prescribed for Quakers, if the court or magistrate on inquiry is satisfied of the truth of such declaration.

Section 19. A person believing in any other than the Christian religion may be sworn according to the appropriate ceremonies of his religion. A person not a believer in any religion shall be required to testify truly under the penalties of perjury, and evidence of his disbelief i…

Section 2. Such summons may be served in any county by an officer qualified to serve civil process or by a disinterested person by exhibiting and reading it to the witness, by giving him a copy thereof or by leaving such copy at his place of abode.

Section 20. Any person of sufficient understanding, although a party, may testify in any proceeding, civil or criminal, in court or before a person who has authority to receive evidence, except as follows: First, Except in a proceeding arising out of or involving a contract made …

Section 20A. A priest, rabbi or ordained or licensed minister of any church or an accredited Christian Science practitioner shall not, without the consent of the person making the confession, be allowed to disclose a confession made to him in his professional character, in the co…

Section 20B. The following words as used in this section shall have the following meanings:— ''Patient'', a person who, during the course of diagnosis or treatment, communicates with a psychotherapist; ''Psychotherapist'', a person licensed to practice medicine, who devotes a sub…

Section 20C. In any investigation or proceeding before a grand jury, or in a criminal proceeding in the supreme judicial court, appeals court or superior court involving any offense listed in section 20D, a witness shall not be excused from testifying or from producing books, pap…

Section 20D. A witness who is called or who may be called to testify before a grand jury or in a criminal proceeding in the supreme judicial court, appeals court or superior court may, in the manner provided in section twenty E, be granted immunity in any proceeding or investigat…

Section 20E. (a) A justice of the supreme judicial court, appeals court or superior court shall, at the request of the attorney general or a district attorney, and after a hearing, issue an order granting immunity to a witness, provided that such justice finds that the investigat…

Section 20G. A witness who has been granted immunity as provided in section 20E shall not be prosecuted or subjected to any penalty or forfeiture for or on account of any transaction matter, or thing concerning which he is so compelled, after having claimed his privilege against …

Section 20H. If a witness has been granted immunity pursuant to the provisions of section twenty E by a justice of the supreme judicial court, appeals court or superior court and thereafter refuses to testify or produce evidence after being so ordered by such justice, the attorne…

Section 20I. No defendant in any criminal proceeding shall be convicted solely on the testimony of, or the evidence produced by, a person granted immunity under the provisions of section twenty E.

Section 20J. As used in this section the following words, unless the context clearly requires otherwise, shall have the following meaning:— ''Rape crisis center'', any office, institution or center offering assistance to victims of sexual assault and the families of such victims …

Section 20K. As used in this section the following words shall unless the context clearly requires otherwise have the following meanings:— ''Abuse'', causing or attempting to cause physical harm; placing another in fear of imminent physical harm; causing another to engage in sexu…

Section 20L. The location and street address of all domestic violence victims' programs, as defined in section twenty K and rape crisis centers, as defined in section twenty J, shall be absolutely confidential and shall not be required to be revealed in any criminal or civil proc…

Section 20M. (a) As used in this section, the following words shall, unless the context clearly requires otherwise, have the following meanings:— ''Confidential communication'', information transmitted in confidence by and between a victim and a victim's caseworker by a means whi…

Section 20N. (a) No court shall permit or require the disclosure of the home address or personal telephone number of a social worker employed by the department of children and families; and no witness shall be required to disclose such social worker's home address or personal tel…

Section 20O. (a) As used in this section, the following words shall, unless the context clearly requires otherwise, have the following meanings:- ''Certified emergency service provider'', an emergency service provider certified by the Massachusetts Peer Support Network or Interna…

Section 21. The conviction of a witness of a crime may be shown to affect his credibility, except as follows: First, The record of his conviction of a misdemeanor shall not be shown for such purpose after five years from the date on which sentence on said conviction was imposed, …

Section 21A. Evidence of the reputation of a person in a group with the members of which he has habitually associated in his work or business shall be admissible to the same extent and subject to the same limitations as is evidence of such reputation in a community in which he ha…

Section 21B. Evidence of the reputation of a victim's sexual conduct shall not be admissible in an investigation or proceeding before a grand jury or a court of the commonwealth for a violation of sections 13B, 13B1/2, 13B3/4, 13F, 13H, 22, 22A, 22B, 22C, 23, 23A, 23B, 24, 24B, 5…

Section 22. A party who calls the adverse party as a witness shall be allowed to cross-examine him. In case the adverse party is a corporation, an officer or agent thereof, so called as a witness, shall be deemed such an adverse party for the purposes of this section.

Section 23. The party who produces a witness shall not impeach his credit by evidence of bad character, but may contradict him by other evidence, and may also prove that he has made at other times statements inconsistent with his present testimony; but before proof of such incons…

Section 23A. In any action to recover damages for personal injuries or consequential damages, so called, resulting therefrom, no statement in writing signed by any party to the action or statement taken on a recording instrument, concerning the facts out of which the cause of act…

Section 23B. In the trial of an indictment or complaint for any crime, no statement made by a defendant therein subjected to psychiatric examination pursuant to sections fifteen or sixteen of chapter one hundred and twenty-three for the purposes of such examination or treatment s…

Section 23C. All memoranda, and other work product prepared by a mediator and a mediator's case files shall be confidential and not subject to disclosure in any judicial or administrative proceeding involving any of the parties to any mediation to which such materials apply. Any …

Section 23D. As used in this section the following words shall, unless the context clearly requires otherwise, have the following meanings: ''Accident'', an occurrence resulting in injury or death to one or more persons which is not the result of willful action by a party. ''Bene…

Section 23E. (a) For the purposes of this section, the following words shall have the following meanings, unless the context clearly requires otherwise:— ''Witnesses with an intellectual disability'', a witness in a proceeding whom the presiding justice has found after hearing, a…

Section 23F. In the trial of criminal cases charging the use of force against another where the issue of defense of self or another, defense of duress or coercion, or accidental harm is asserted, a defendant shall be permitted to introduce either or both of the following in estab…

Section 24. Depositions may be taken as provided in this chapter to be used only in those proceedings in the land court and probate court which are not governed by the Massachusetts Rules of Civil Procedure. The provisions of this section and of sections twenty-five through forty…

Section 24A. At trial of a civil matter in the district court department of the trial court, the justice may order, or, upon the request of a party, authorize the taking of a deposition of the testimony of a medical witness. Said deposition shall be taken for use as medical evide…

Section 25. If a witness or party whose testimony is wanted in a civil cause or proceeding pending in the commonwealth lives more than thirty miles from the place of trial, or is about to go out of the commonwealth and not to return in time for the trial, or is so ill, aged or in…

Section 26. After service of process in an action, or after a submission to arbitrators or referees, either party may apply to a justice of the peace or a notary public, who shall issue a notice to the adverse party to appear and propose interrogatories before said justice or any…

Section 27. The notice may be served on the adverse party, his agent or attorney, and if there are several plaintiffs or defendants, on any of them.

Section 28. The notice shall be served by delivering an attested copy thereof to the person to be notified, or by leaving such copy at his place of abode, not less than twenty-four hours before the time appointed for taking the deposition, and also allowing not less time than at …

Section 29. The justice or notary who takes the deposition may give a verbal instead of the written notice. If the adverse party or his attorney in writing waives notice, or if the defendant does not enter his appearance in the action within the time required by law, no notice sh…

Section 3. No person shall be required to attend as a witness in a civil case or for the defendant in a criminal case except a person summonsed to attend as a witness for an indigent defendant in a criminal case, unless the legal fees for one day's attendance and for travel to an…