Massachusetts Guide to Evidence 2025 Edition MA R EVID § 902

(a) Court Records Under Seal. The records and judicial proceedings of a court of another State or of the United States, if authenticated by the attestation of the clerk or other officer who has charge of the records of such court under its seal.

(b) Domestic Official Records Not Under Seal. An official record kept within the Commonwealth, or an entry therein, when admissible for any purpose, may be evidenced by an official publication thereof or by a copy attested by the officer having legal custody of the record, or by that officer's deputy. If the record is kept in any other State, district, Commonwealth, territory, or insular possession of the United States, or within the Panama Canal Zone, the Trust Territory of the Pacific Islands, or the Ryukyu Islands, any such copy shall be accompanied by a certificate that such custodial officer has custody of the record. This certificate may be made by a judge of a court of record of the district or political subdivision in which the record is kept, authenticated by the seal of the court, or may be made by any public officer having a seal of office and having official duties in the district or political subdivision in which the record is kept, authenticated by the seal of the office.

(c) Foreign Official Records. A foreign official record, or an entry therein, when admissible for any purpose, attested by a person authorized to make the attestation and accompanied by a final certification as to the genuineness of the signature and official position (1) of the attesting person or (2) of any foreign official whose certificate of genuineness of signature and official position relates to the attestation or is in a chain of certificates of genuineness of signature and official position relating to the attestation. A final certification may be made by a secretary of embassy or legation, consul general, consul, vice consul, or consular agent of the United States, or a diplomatic or consular official of the foreign country assigned or accredited to the United States. If reasonable opportunity has been given to all parties to investigate the authenticity and accuracy of the documents, the court may, for good cause shown, (1) admit an attested copy without final certification or (2) permit the foreign official record to be evidenced by an attested summary with or without a final certification.

(d) Certified Copies of Public Records. Copies of public records, of records described in Sections 5, 7, and 16 of G. L. c. 66, and of records of banks, trust companies, insurance companies, and hospitals, whether or not such records or copies are made by the photographic or microphotographic process if there is annexed to such copies an affidavit, taken before a clerk of a court of record or notary public, under the seal of such court or notary, stating that the affiant is the officer having charge of the original records, books, and accounts, and that the copy is correct and is full so far as it relates to the subject matter therein mentioned.

(e) Official Publications.

(f) Certain Newspapers. Certified copies of any newspaper, or part thereof, made by the photographic or microphotographic process deposited in any public library or a library of any college or university located in the Commonwealth.

(g) Trade Inscriptions. A trademark or trade name affixed on a product indicating origin.

(h) Acknowledged Documents. All oaths and affidavits administered or taken by a notary public, duly commissioned and qualified by authority of any other State or government, within the jurisdiction for which the notary is commissioned, and certified under an official seal; such documents shall be as effectual in this Commonwealth as if administered or taken and certified by a justice of the peace therein.

(i) Commercial Paper and Related Documents. Commercial paper, a signature on it, and related documents, to the extent allowed by general commercial law.

(j) Presumptions Created by Law. A signature, document, or anything else that a law of the United States or this Commonwealth declares to be presumptively or prima facie genuine or authentic.

(k) Certified Copies of Hospital and Other Records of Treatment and Medical History. Records or copies of records kept by any hospital, dispensary or clinic, or sanitarium, if certified by affidavit by the person in custody thereof to be true and complete.

(l) Copies of Hospital and Other Records of Itemized Bills and Reports. Itemized bills and reports, including hospital medical records and examination reports, relating to medical, dental, hospital services, prescriptions, or orthopedic appliances rendered to a person injured, if (1) it is subscribed and sworn to under the penalties of perjury by the physician, dentist, authorized agent of a hospital or health maintenance organization, pharmacist, or retailer of orthopedic appliances rendering such services; (2) the party offering the evidence gives the opposing party written notice of the intention to offer the evidence, along with a copy of the evidence, by mailing it by certified mail, return receipt requested, not less than ten days before the introduction of the evidence; and (3) the party offering the evidence files an affidavit of such notice and the return receipt is filed with the clerk of the court after said receipt has been returned.

(m) Copies of Bills for Genetic Marker Tests and for Prenatal and Postnatal Care. Copies of bills for genetic marker tests and for prenatal and postnatal health care of the mother and child, furnished to the adverse party at least ten days before trial, shall be admissible in evidence to prove the amount of the charges billed and that the charges were reasonable, necessary, and customary.

(n) Results of Genetic Marker Tests. In an action to establish the paternity of a child born out of wedlock, the report of the results of genetic marker tests, including a statistical probability of the putative father's paternity based upon such tests, unless a party objects in writing to the test results upon notice of the hearing date or within thirty days prior to the hearing, whichever is shorter.