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Massachusetts Guide to Evidence 2025 Edition MA R EVID § 1101

Current as of January 01, 2025 | Updated by Findlaw Staff

(a) Proceedings to Which Applicable. Except as provided in Subsection (c), these sections apply to all actions and proceedings in the courts of the Commonwealth.

(b) Privileges. The provisions of Article V apply at all stages of all actions, cases, and proceedings.

(c) Where Inapplicable. These sections (other than those concerning privileges) do not apply in the following situations:

(1)Preliminary Determinations of Fact. The determination of questions of fact preliminary to the admissibility of evidence when the determination is to be made by the judge under Section 104(a).

(2)Grand Jury Proceedings. Proceedings before grand juries.

(3)Certain Other Proceedings. Most administrative proceedings; bail proceedings; bar discipline proceedings; civil motor vehicle infraction hearings; issuance of process (warrant, complaint, capias, summons); precomplaint, show cause hearings; civil commitment proceedings for alcohol and substance abuse; pretrial dangerousness hearings; prison disciplinary hearings; probation violation hearings; restitution hearings; sentencing; sexual offender registry board hearings; small claims sessions; and summary contempt proceedings.

(d) Motions to Suppress. The law of evidence does not apply with full force at motion to suppress hearings. As to the determination of probable cause or the justification of government action, out-of-court statements are admissible.

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Cite this article: FindLaw.com - Massachusetts Guide to Evidence 2025 Edition MA R EVID § 1101 - last updated January 01, 2025 | https://codes.findlaw.com/ma/massachusetts-guide-to-evidence-2025-edition/ma-r-evid-sect-1101/

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