Massachusetts Guide to Evidence 2025 Edition MA R EVID § 1110

(a) Criminal Cases. In a criminal case, the Commonwealth may offer evidence of a defendant's conduct that occurred subsequent to the commission of the crime if

Evidence of consciousness of guilt alone is not sufficient to support a verdict or finding of guilt. The judge should instruct the jury accordingly.

(b) Civil Cases. Subject to Sections 407-411, in a civil case, a party may offer evidence of another party's conduct that occurred subsequent to the commission of the alleged act or acts that give rise to the cause of action if the evidence

Evidence of consciousness of liability alone cannot sustain the burden to establish liability. The judge should instruct the jury accordingly.

(c) Rebuttal. The party against whom the evidence is offered has the right to offer evidence explaining the reason or reasons for the conduct to negate any adverse inference.