Mass. Gen. Laws ch. 233 § 44

Current through Chapter 223 of the 2024 Legislative Session
Section 233:44 - Foreign depositions obtained contrary to statute

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.

Mass. Gen. Laws ch. 233, § 44