Mass. Top Court Expands Hearsay Rule In Civil Cases

Law360, Boston (July 11, 2019, 1:55 PM EDT) -- Massachusetts' highest court ruled Thursday that a witness who cannot recall a particular conversation can be deemed "unavailable" and fall under one of the exceptions to the hearsay rule, ordering a new trial in the case of a woman who suffered permanent injuries after a surgery.

The Massachusetts Supreme Judicial Court said the trial judge made no error under the state's current law of evidence when she excluded from the evidence a conversation during which a medical student who assisted with the surgery allegedly apologized to the patient and suggested he may have made a mistake that led to her injuries....

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