Article IV - Relevancy and Its Limits

As amended through October 3, 2024
Article IV - Relevancy and Its Limits

Massachusetts

Section

Corresponding Federal Rule

Comparison

MGE § 401

FRE 401

Substantially similar.

MGE § 402

FRE 402

Differences. Relevant evidence under FRE 402 is not rendered inadmissible by the Massachusetts Declaration of Rights or the Massachusetts common law of evidence.

MGE § 403

FRE 403

Differences. FRE 403 does not include the Massachusetts distinction for prior bad act evidence.

MGE § 404(a)

FRE 404(a)

Significant differences.

MGE § 404(b)

FRE 404(b)

Differences. FRE 404(b)(2) contains a notice requirement to the defendant in criminal cases. Further, under the FRE so-called "prior bad acts" evidence is subject to the FRE 403 balancing test, whereas MGE § 404(b) requires exclusion where probative value is simply outweighed by unfair prejudice.

MGE § 405(a)

FRE 405(a)

Differences. FRE 405(a) permits proof of a person's character, where admissible, in the form of reputation or opinion, rather than only by reputation.

MGE § 405(b)

FRE 405(b)

Substantially similar.

MGE § 405(c)

n/a

No corresponding FRE.

MGE § 406(a)

FRE 406

Differences. FRE 406 permits evidence of a personal habit to prove that on a particular occasion the person acted in accordance with the habit. Further, FRE 406 permits evidence of an "organization's routine practice" compared to MGE § 406(a), which is limited to "a business organization or of one acting in a business capacity ...."

MGE § 406(b)

FRE 406

No corresponding FRE. Subsection (b) of MGE § 406 is included, in part, to highlight the difference between Massachusetts and Federal evidence law regarding evidence of personal habit.

MGE § 407(a)

FRE 407

Differences. FRE 407 additionally prohibits proof of subsequent remedial measures to prove product defects, design defects, or the need for a warning or instruction.

MGE § 407(b)

FRE 407

Substantially similar.

MGE § 408(a)

FRE 408(a)

Differences. FRE 408(a) prohibits the use of compromise offers and negotiations to impeach a witness by prior inconsistent statement or contradiction. FRE 408(a)(2) contains an exception that allows the use of compromise offers and negotiations in a criminal case if the negotiations related to a claim by a public office in the exercise of its regulatory, investigative, or enforcement authority.

MGE § 408(b)

FRE 408(b)

Substantially similar. FRE 408(b) does not explicitly state that evidence of compromise offers and negotiations may be used to prove a witness's "other state of mind," as included in MGE § 408(b), but the list of permitted uses is open-ended.

MGE § 409(a)

n/a

No corresponding FRE.

MGE § 409(b)

FRE 409

Identical.

MGE § 409(c)

n/a

No corresponding FRE.

MGE § 410(a)

FRE 410(a)

Significant differences.

MGE § 410(b)

FRE 410(b)

Significant differences.

MGE § 411

FRE 411

Identical.

MGE § 412(a)

FRE 412(a)

Substantially similar. FRE 412(a)(2) references a victim's sexual predisposition rather than a victim's sexual reputation.

MGE § 412(b)

FRE 412(b)

Differences. FRE 412(b)(1)(B) allows evidence of a victim's prior sexual conduct with the defendant only to prove consent.

MGE § 412(c)

FRE 412(c)

Differences. FRE 412(c) provides different and more detailed notice/procedural requirements that must be followed for evidence of a victim's sexual conduct to be offered and admitted.

MGE § 412(d)

FRE 412(d)

Identical.

MGE § 413

n/a

No corresponding FRE. FRE 413 does not address the doctrine of first complaint. Instead, it addresses the admission of evidence of similar crimes in sexual-assault cases.

MGE § 414

n/a

No corresponding FRE. FRE 414 does not address the admission of industry and safety standards. Instead, it addresses the admission of evidence of similar crimes in child molestation cases.