Massachusetts Guide to Evidence 2025 Edition MA R EVID § 613

(1)Examining Own Witness. A party who produces a witness may prove that the witness made prior statements inconsistent with the witness's present testimony; but before proof of such inconsistent statements is given, the party must lay a foundation by asking the witness if the prior statements were in fact made and by giving the witness an opportunity to explain.

(2)Examining Other Witness. Extrinsic evidence of a prior inconsistent statement by a witness, other than a witness covered under Subsection (a)(1), is admissible whether or not the witness was afforded an opportunity to explain or deny the inconsistency.

(3)Disclosure of Extrinsic Evidence. In examining a witness, other than a witness covered under Subsection (a)(1), concerning a prior statement made by such witness, whether written or not, the statement need not be shown nor its contents disclosed to the witness at that time, but on request the same shall be shown or disclosed to opposing counsel.

(4)Collateral Matter. Extrinsic evidence to impeach a witness on a collateral matter is not admissible as of right, but only in the exercise of sound discretion by the trial judge.

(1)Generally Inadmissible. A prior consistent statement by a witness is generally inadmissible.

(2)Exception. If the court makes a preliminary finding that there is a claim that the witness's in-court testimony is the result of recent contrivance or a bias, and the prior consistent statement was made before the witness had a motive to fabricate or the occurrence of the event indicating a bias, the evidence may be admitted for the limited purpose of rebutting the claim of recent contrivance or bias.