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Massachusetts Guide to Evidence 2025 Edition MA R EVID § 1118

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

(a) Civil Commitment Proceedings Pursuant to G. L. c. 123, § 35, for Individuals with Alcohol and Substance Use Disorders. In order to involuntarily commit a person with an alcohol or substance use disorder, the court must find by clear and convincing evidence, based on a hearing which shall include expert testimony and may include other evidence, that

(1) the respondent is an individual with an alcohol or substance use disorder, and

(2) there is a likelihood of serious harm to the respondent, the petitioner, or any other person as a result of the respondent's alcohol or substance use disorder.

The respondent shall have the right to cross-examine witnesses, present independent expert evidence, call witnesses, and submit documents or other evidence.

(b) Hearsay in G. L. c. 123, § 35, Proceedings. The rules of evidence do not apply in proceedings to commit individuals with alcohol and substance use disorders, except that privileges and statutory disqualifications do apply.

(1) Hearsay evidence is admissible but may only be relied upon if the judge finds it to be substantially reliable.

(2) Hearsay may be found to be substantially reliable by weighing some or all of the following factors. These factors are nonexclusive, and there is no requirement that hearsay satisfy each of the criteria to be considered substantially reliable.

(A) The level of factual detail, rather than generalized and conclusory assertions.

(B) Whether the statement is based on personal knowledge and direct observation.

(C) Whether the statement is corroborated by other evidence.

(D) Whether the statement was provided under circumstances that support the veracity of the source.

(E) Whether the statement was provided by a disinterested witness.

(c) Refusal to Testify in G. L. c. 123, § 35, Proceedings. No adverse inference may be drawn from a respondent's refusal to testify or to speak with the examining clinician. The respondent's refusal to testify or speak with the examining clinician does not prohibit the clinician from offering an opinion despite such refusal and reporting such refusal to the court.

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Cite this article: FindLaw.com - Massachusetts Guide to Evidence 2025 Edition MA R EVID § 1118 - last updated January 01, 2025 | https://codes.findlaw.com/ma/massachusetts-guide-to-evidence-2025-edition/ma-r-evid-sect-1118/

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