Massachusetts General Laws ch. 190B sec. 5A-106 – Taking testimony in another state
Section 5A–106. [Taking Testimony In Another State.]
Terms Used In Massachusetts General Laws ch. 190B sec. 5A-106
- Deposition: An oral statement made before an officer authorized by law to administer oaths. Such statements are often taken to examine potential witnesses, to obtain discovery, or to be used later in trial.
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Testify: Answer questions in court.
- Testimony: Evidence presented orally by witnesses during trials or before grand juries.
(a) In a guardianship or protective proceeding, in addition to other procedures that may be available, testimony of a witness who is located in another state may be offered by deposition or other means allowable in the commonwealth for testimony taken in another state. The court on its own motion may order that the testimony of a witness be taken in another state and may prescribe the manner in and the terms upon which the testimony is to be taken.
(b) In a guardianship or protective proceeding, a court in the commonwealth may permit a witness located in another state to be deposed or to testify by telephone or audiovisual or other electronic means. A court of this state shall cooperate with the court of the other state in designating an appropriate location for the deposition or testimony.
(c) Documentary evidence transmitted from another state to a court of the commonwealth by technological means that do not produce an original writing shall not be excluded from evidence on an objection based on the best evidence rule.