Massachusetts Guide to Evidence 2025 Edition MA R EVID § 511

(1)Custodial Interrogation. A person has a right to refuse to answer any questions during a custodial interrogation.

(2)Refusal Evidence.

(3)Compelled Examination. A defendant has a right to refuse to answer any questions during a court-ordered examination for criminal responsibility.

(4)At a Hearing or Trial. A defendant has a right to refuse to testify at any criminal proceeding.

(1)Waiver by Defendant's Testimony. A defendant who voluntarily testifies in a criminal case waives the privilege against self-incrimination to the extent that the defendant may be cross-examined on all relevant and material facts regarding that case.

(2)Waiver by Witness's Testimony. A witness who voluntarily testifies regarding an incriminating fact waives the privilege against self-incrimination as to subsequent questions seeking related facts in the same proceeding.

(3)Limitation. A waiver by testimony under Subsection (c)(1) or (c)(2) is limited to the proceeding in which it is given and does not extend to subsequent proceedings.

(4)Required Records. A witness may be required to produce required records because the witness is deemed to have waived the privilege against self-incrimination in such records. Required records, as used in this subsection, are those records required by law to be kept in order that there may be suitable information of transactions which are the appropriate subjects of governmental regulation and the enforcement of restrictions validly established.

(5)Immunity. In any investigation or proceeding, a witness shall not be excused from testifying or from producing books, papers, or other evidence on the ground that the testimony or evidence required may tend to incriminate the witness or subject the witness to a penalty or forfeiture if the witness has been granted immunity with respect to the transactions, matters, or things concerning which the witness is compelled, after having claimed the privilege against self-incrimination, to testify or produce evidence by a justice of the Supreme Judicial Court, Appeals Court, or Superior Court.

(6)Foregone Conclusion. Where a defendant is ordered by the court to produce information, the act of production does not involve testimonial communication and therefore does not violate the defendant's privilege against self-incrimination if the facts communicated already are known to the government and add little or nothing to the sum total of the government's information.