Massachusetts Mock Trial Rules

Northeast

MA · Capital: Boston

Evidence Rules

Massachusetts Guide to Evidence

Citation: Mass. Guide to Evid. § [section]

Key Differences from Federal Rules of Evidence

Massachusetts relies primarily on common-law evidence principles codified in the Massachusetts Guide to Evidence rather than a formal rule-based code
The state follows the Daubert-Lanigan standard for expert testimony, a hybrid approach unique to Massachusetts
First complaint doctrine in sexual assault cases limits testimony to only the first person told, differing from FRE 801(d)(1)
Massachusetts has a broader disqualification-by-interest privilege than federal courts recognize

Notable Rules

Rule	Description
Mass. Guide to Evid. § 702	Expert testimony governed by Daubert-Lanigan standard requiring both scientific reliability and relevance
Mass. Guide to Evid. § 801(d)(1)(A)	Prior inconsistent statements are admissible only for impeachment, not as substantive evidence, unlike the FRE
First Complaint Doctrine	Case law doctrine (Commonwealth v. King) limiting testimony about sexual assault disclosure to only the first person told by the complainant

Trial Procedure

Civil Procedure

Massachusetts Rules of Civil Procedure (Mass. R. Civ. P.)

Criminal Procedure

Massachusetts Rules of Criminal Procedure (Mass. R. Crim. P.)

Key Features

Massachusetts uses a Track System (A, B, C, D, F) for civil case management based on complexity
The state maintains specialized Business Litigation Sessions in Superior Court
Voir dire in Massachusetts is conducted primarily by the judge, with limited attorney questioning

Jury Rules

Civil Jury Size

Criminal Jury Size

Unanimity Required

Civil juries consist of 6 members in Superior Court with 5/6 majority verdict sufficient
All criminal cases require 12 jurors with unanimous verdicts
District Court jury trials use 6 jurors for both civil and criminal matters

Special Features

Common-Law Evidence Tradition

Massachusetts is one of few states that never adopted a formal evidence code, instead relying on the judge-authored Massachusetts Guide to Evidence synthesizing centuries of case law

Daubert-Lanigan Standard

Massachusetts developed its own hybrid expert testimony standard in Commonwealth v. Lanigan (1994), combining federal Daubert factors with state reliability requirements

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