Article I - General Provisions
Massachusetts Section | Corresponding Federal Rule | Comparison |
MGE § 101 | FRE 101 | Substantially similar. FRE 101(b) contains a definition section that defines various terms used throughout the FRE. |
MGE § 102 | FRE 102 | Differences. FRE 102 states the purposes of the rules. MGE § 102 details the Guide's status as a summary of the law but not an adopted set of rules. |
MGE § 103(a) | FRE 103(a) | Substantially similar. |
MGE § 103(b) | FRE 103(b) | Substantially similar. |
MGE § 103(c) | FRE 103(c) | Identical. |
MGE § 103(d) | FRE 103(d) | Differences. FRE 103(d) only requires a judge to shield the jury, to the extent practicable, from hearing inadmissible evidence. MGE § 103(d) extends this principle to both the jury and witnesses. |
MGE § 103(e) | FRE 103(e) | Differences. FRE 103(e) states the different, Federal standard for appellate review of unpreserved evidentiary errors. |
MGE § 103(f) | n/a | No corresponding FRE. |
MGE § 103(g) | n/a | No corresponding FRE. |
MGE § 104(a) | FRE 104(a) | Differences. FRE 104(a) does not explicitly require that the court decide a preliminary question about a witness's competency. |
MGE § 104(b) | FRE 104(b) | Differences. FRE 104(b) does not explicitly authorize a judge to strike conditionally relevant evidence where proof necessary to establish relevancy is not subsequently admitted. |
MGE § 104(c) | FRE 104(c) | Differences. FRE 104(c)(2) additionally mandates a hearing outside of the presence of the jury if a defendant is a witness to a preliminary matter and requests to be heard outside of the presence of the jury. |
MGE § 104(d) | FRE 104(d) | Differences. FRE 104(d) does not state that a defendant who testifies on a preliminary matter is subject to cross-examination on issues affecting credibility. |
MGE § 104(e) | FRE 104(e) | Substantially similar. |
MGE § 105 | FRE 105 | Identical. |
MGE § 106(a) | FRE 106 | Differences. FRE 106(a) more broadly protects the right of an adverse party to offer any writing or recorded statement (rather than just the remainder of a writing or recording offered by the proponent) that in fairness ought to be considered at the same time, even over a hearsay objection. FRE 106(a) also requires immediate introduction of this evidence compared to MGE § 106(a), which affords the judge discretion to determine when the remainder of a writing or recording will be offered. |
MGE § 106(b) | n/a | No corresponding FRE. |