Massachusetts Guide to Evidence 2025 Edition MA R EVID § 1119

(a) Definitions. For the purposes of this section, the following terms shall have the meanings given herein.

(b) Application of Law. The same principles of evidence law that apply to traditional documentary evidence apply to digital evidence in courtroom and virtual proceedings. Digital evidence admissible in a courtroom is admissible in a virtual proceeding.

(c) Presentation and Preservation. Depending on the nature of the proceeding and as ordered by a judge or court, parties should print digital evidence on paper, e-mail it to the court, or transfer it to a deliverable storage medium, so that it may be marked as an exhibit or for identification and retained as part of the court record. A judge may not refuse to consider digital evidence solely because it remains on a personal electronic device and should inspect digital evidence presented on a personal electronic device when appropriate. Judges should make reasonable efforts to ensure that digital evidence, whether admitted or excluded, is preserved in the case record and for appellate review.

(d) Self-Represented Litigants. Because self-represented litigants may be limited in their ability to present and object to digital evidence, a judge should make reasonable efforts, consistent with the law, to ensure that self-represented litigants are fully heard.