Massachusetts General Laws Part III. Courts, Judicial Officers and Proceedings in Civil Cases (Ch. 211-262) Ch. 233, § 44

Depositions and affidavits taken without the commonwealth in any manner other than is provided in the three preceding sections, if taken before a notary public or other person authorized by the laws of any other state or country to take depositions, may be admitted or rejected in the discretion of the court; but such deposition or affidavit shall not be admitted unless the court finds that the adverse party had sufficient notice of the taking thereof and an opportunity to cross-examine the witness, or that from the circumstances of the case it was impossible to give him such notice.