Mass. R. Evid. 903

As amended through October 3, 2024
Section 903 - Subscribing Witness's Testimony

A subscribing witness's testimony is necessary to authenticate a writing only if required by the law of the jurisdiction that governs its validity.

Mass. Guid. Evid. 903

This section is derived from G. L. c. 233, § 68, and Mass. R. Civ. P. 8(b) ("The signature to an instrument set forth in any pleading shall be taken as admitted unless a party specifically denies its genuineness.").

Authentication of wills in uncontested proceedings is governed by the Massachusetts Uniform Probate Code, G. L. c. 190B. Authentication of a will in a contested proceeding requires a greater level of support. See Goodwin v. Riordan, 333 Mass. 317, 318-319 (1955); Werber v. Werber, 62 Mass. App. Ct. 927, 927-928 (2004).