Massachusetts Guide to Evidence 2025 Edition MA R EVID § 1104

(a) On direct examination, the prosecution may properly bring out the fact that the witness has entered into a plea agreement and that the witness generally understands the obligations under it.

(b) The agreement itself is admissible. The timing of the admission of the agreement is within the judge's discretion. The judge may defer admission of the agreement until redirect examination, after the defendant has undertaken to impeach the witness's credibility by showing that the witness had struck a deal with the prosecution in order to obtain favorable treatment.

(c) References to a witness's obligation to tell the truth, any certification or acknowledgment by the witness's attorney, and any provision that suggests that the Commonwealth has special knowledge as to the veracity of the witness's testimony should be redacted from the agreement, on request.

(d) Ordinarily, questions by the prosecutor about the duty of the witness to tell the truth and the reading of the agreement are not permitted until redirect examination and after the witness has been cross-examined on the matter.

(e) Care must be taken by the Commonwealth not to suggest, by questions or argument, that it has knowledge of the credibility of the witness independent of the evidence.

(f) The trial judge must instruct the jury by focusing their attention on the particular care they should give in evaluating testimony given pursuant to a plea agreement that is contingent on the witness's telling the truth.

(g) If the witness is an incarcerated informant, a special enhanced instruction is required regardless of whether the witness is testifying pursuant to a cooperation agreement.