General Laws of Massachusetts (Last Updated: January 16, 2020) |
PART III COURTS, JUDICIAL OFFICERS AND PROCEEDINGS IN CIVIL CASES |
TITLE II. ACTIONS AND PROCEEDINGS THEREIN |
CHAPTER 233. WITNESSES AND EVIDENCE |
SECTION 44. Foreign depositions obtained contrary to statute
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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.