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Current as of January 01, 2025 | Updated by Findlaw Staff
(a) Preserving a Claim of Error. A party may claim error in a ruling to admit or exclude evidence only if the error injuriously affects a substantial right of the party and,
(1) if the ruling admits evidence, a party, on the record,
(A) timely objects or moves to strike and
(B) states the specific ground, unless it was apparent from the context, or,
(2) if the ruling excludes evidence, a party informs the court of its substance by an offer of proof, unless the substance was apparent from the context.
(b) Preliminary Evidentiary Motions: Effect on Appellate Rights. Where a party fails to object to the admission of evidence at trial, the party's appellate rights with respect to the admission of that evidence are preserved only if the party raised the same specific objection to the very same evidence in a motion in limine, and the motion was heard and denied.
(c) Court's Statement About the Ruling; Directing an Offer of Proof. The court may make any statement about the character or form of the evidence, the objection made, and the ruling. The court may direct that an offer of proof be made in question-and-answer form.
(d) Preventing the Jury or Witnesses from Hearing Inadmissible Evidence. To the extent practicable, the court must conduct a jury trial so that inadmissible evidence is not suggested to the jury or witnesses by any means.
(e) Substantial Risk of a Miscarriage of Justice. In criminal and sexually dangerous person cases, a court is required to consider an unpreserved error to determine whether there has been a substantial risk of a miscarriage of justice.
(f) Motions in Limine. Where the issue can reasonably be anticipated, a motion in limine should be filed prior to trial.
(g) Exclusion as Sanction. Although the court should impose the least severe sanction necessary to remedy the prejudice to the innocent party, nothing in this section precludes a court from excluding evidence as a sanction for a violation of a discovery rule, order, or other obligation imposed on a party in a civil or criminal case.
Cite this article: FindLaw.com - Massachusetts Guide to Evidence 2025 Edition MA R EVID § 103 - last updated January 01, 2025 | https://codes.findlaw.com/ma/massachusetts-guide-to-evidence-2025-edition/ma-r-evid-sect-103/
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature before relying on it for your legal needs.
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