Article VII - Opinion and Expert Evidence

As amended through October 3, 2024
Article VII - Opinion and Expert Evidence

Massachusetts

Section

Corresponding Federal Rule

Comparison

MGE § 701

FRE 701

Substantially similar.

MGE § 702

FRE 702

Substantially similar.

MGE § 703

FRE 703

Significant differences. These include that FRE 703 allows experts to rely upon facts not independently admissible if reasonably relied upon by experts in the field.

MGE § 704

FRE 704

Differences. FRE 704(b) prohibits an expert witness from opining on whether the defendant did or did not have a certain mental state or condition that constitutes an element of the crime charged or of a defense.

MGE § 705

FRE 705

Identical.

MGE § 706

FRE 706

Significant differences.