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....

Stay ahead of the curve

In the legal profession, information is the key to success. You have to know what’s happening with clients, competitors, practice areas, and industries. Law360 provides the intelligence you need to remain an expert and beat the competition.


  • Access to case data within articles (numbers, filings, courts, nature of suit, and more.)
  • Access to attached documents such as briefs, petitions, complaints, decisions, motions, etc.
  • Create custom alerts for specific article and case topics and so much more!

TRY LAW360 FREE FOR SEVEN DAYS