Massachusetts General Laws
Chapter 233 - Witnesses and Evidence
Section 13a - Attendance of Witnesses Outside State; Hearing and Summons; Failure to Attend

Section 13A. If a certificate wherein a judge of a court of record in any state which by its laws has made provision for commanding persons within its borders to attend and testify in criminal actions, prosecutions and other criminal proceedings pending, or grand jury investigations and other proceedings commenced or about to commence, in this commonwealth certifies under the seal of such court that there is a criminal proceeding pending in such court, or that a grand jury investigation or proceeding has commenced or is about to commence within the jurisdiction of such court, that a person being within this commonwealth is a material witness in such proceeding or investigation and that his presence will be required for a specified number of days, is presented to a justice of the superior court sitting in and for the county, or the justice or a special justice of the district court in the judicial district, in which such person is, such justice or special justice shall make an order directing such person to appear at a time and place certain for a hearing upon the question of compelling his attendance at such proceeding or investigation.
If at the hearing the justice or special justice determines that the witness is material and necessary, that it will not cause undue hardship to the witness to be compelled to attend and testify in the proceeding or investigation in such other state, and that the laws of such other state and of any other state through which the witness may be required to pass by the ordinary traveled route will give to him protection from arrest and the service of process, civil or criminal, as provided in section thirteen C, he shall issue a summons, which term shall include a subpoena, order or other notice requiring the appearance of a witness in any state where such process is used in lieu of a summons, with a copy of such certificate attached, directing the witness to attend and testify in the court where the proceeding is pending, or before the grand jury before which the investigation or proceeding has commenced or is about to commence, at a time and place specified in the summons. At any such hearing such certificate shall be prima facie evidence of all the facts stated therein.
If in any such certificate it is recommended that the witness be taken into immediate custody and delivered to an officer of the requesting state to assure his attendance at such a proceeding or investigation therein, such justice or special justice may, in lieu of notification of the hearing, direct that such witness be forthwith brought before him for said hearing and the justice or special justice at the hearing, if satisfied of the desirability of such custody and delivery, for which determination such certificate shall be prima facie evidence of such desirability, may, in lieu of issuing a summons, order that said witness be taken into custody and delivered to an officer of the requesting state.
If a witness who is summoned as hereinbefore provided, after being paid or tendered by some properly authorized person the sum of ten cents a mile for each mile by the ordinary traveled route to and from the place where the proceeding is pending, or the grand jury investigation or proceeding has commenced or is about to commence, and five dollars for each day that he is required to travel and attend as a witness, fails without good cause to attend and testify as directed in the summons, he shall be punished in the manner provided for the punishment of a witness who disobeys a summons issued from a court of record of this commonwealth.

Structure Massachusetts General Laws

Massachusetts General Laws

Part III - Courts, Judicial Officers and Proceedings in Civil Cases

Title II - Actions and Proceedings Therein

Chapter 233 - Witnesses and Evidence

Section 1 - Issuance of Summonses for Witnesses

Section 2 - Service of Summons

Section 3 - Witness Fees; Payment or Tender

Section 3a - Representation of Commissioner of Banks

Section 4 - Liability for Nonattendance

Section 5 - Penalty for Nonattendance; Contempt

Section 6 - Warrant for Nonattending Witness

Section 7 - Witnesses Before Executive Council

Section 8 - Bodies Authorized to Summon Witnesses; Oath

Section 9 - Warrant for Witness Failing to Attend Before Nonjudicial Tribunal

Section 10 - Enforcing Attendance Before Nonjudicial Tribunal

Section 11 - Requiring Testimony

Section 12 - Summons for Attendance at Criminal Trial Outside State

Section 13 - Penalty for Nonattendance Outside State

Section 13a - Attendance of Witnesses Outside State; Hearing and Summons; Failure to Attend

Section 13b - Attendance of Witness From Another State; Fees; Failure to Attend

Section 13c - Exemption From Arrest and Process of Witnesses From Outside State

Section 13d - Short Title; Construction of Law

Section 14 - Persons Authorized to Administer Oaths

Section 15 - Mode of Administering Oaths

Section 16 - Mode Requested by Affiant

Section 17 - Affirmation by Quakers

Section 18 - Affirmation for Reasons of Conscience

Section 19 - Oaths of Non–christians

Section 20 - Competency of Witnesses; Husband and Wife; Criminal Defendant; Parent and Child

Section 20a - Privileged Communications; Communications With Clergymen

Section 20b - Privileged Communications; Patients and Psychotherapists; Exceptions

Section 20c - Immunity From Prosecution; Privilege Against Self-Incrimination

Section 20d - Crimes Subject to Immunity

Section 20e - Application for Witness Immunity by Attorney General or District Attorney; Hearing; Representation of Witness; Notice or Waiver; Transcript

Section 20g - Scope of Immunity; Copies of Transcript of Testimony Compelled and Documents Furnished; Availability to Witness

Section 20h - Contempt of Court; Punishment; Appeal

Section 20i - Necessity of Corroborating Testimony Of, or Evidence Produced By, Person Granted Immunity

Section 20j - Sexual Assault; Confidential Communications With Sexual Assault Counsellor; Disclosure; Discovery

Section 20k - Domestic Violence Victims' Counselors; Confidential Communications

Section 20l - Confidentiality of Domestic Violence Victims' Program and Rape Crisis Center Locations

Section 20m - Disclosure of Confidential Communication Regarding Human Trafficking Victim by Caseworker

Section 20n - Disclosure of Home Address or Personal Telephone Number of Social Worker Employed by the Department of Children and Families; Service of Process, Summons or Subpoena Upon Social Worker; State-Issued Identification Cards

Section 20o - Crisis Intervention Services for Emergency Service Provider; Confidentiality of Information

Section 21 - Proof of Conviction of Crime to Affect Credibility

Section 21a - Evidence of Reputation

Section 21b - Evidence of Sex Crime Victim's Sexual Conduct; Admission Hearing; Findings

Section 22 - Cross-Examination of Adverse Party; Corporation's Agent as Adverse Party

Section 23 - Impeachment of Party's Own Witness

Section 23a - Admissibility of Written or Recorded Statements of Party to Personal Injury Action

Section 23b - Accused; Statements Made While Undergoing Psychiatric Examination; Admissibility

Section 23c - Work Product of Mediator Confidential; Confidential Communications; Exception; Mediator Defined

Section 23d - Admissibility of Benevolent Statements, Writings or Gestures Relating to Accident Victims

Section 23e - Alternative Procedure for Determining Competency of Witnesses With an Intellectual Disability

Section 23f - Admissibility of Past Physical, Sexual or Psychological Abuse of Defendant

Section 24 - Depositions in Civil Cases Authorized

Section 24a - Medical Witnesses

Section 25 - Grounds for Deposition

Section 26 - Notice of Taking Deposition

Section 27 - Persons on Whom Notice May Be Served

Section 28 - Mode of Service

Section 29 - Verbal Notice; Waiver of Notice, Etc.

Section 30 - Oath and Examination of Deponent

Section 31 - Order of Examination

Section 32 - Mode of Taking Deposition

Section 33 - Certification of Deposition

Section 34 - Delivery and Preservation of Deposition

Section 35 - Exclusion of Deposition

Section 36 - Objections to Deposition

Section 37 - Use of Deposition in Second Action

Section 38 - Compelling Giving of Deposition; Place

Section 39 - Place of Taking Deposition of Nonresident Found Within Commonwealth

Section 40 - Rules for Taking Depositions

Section 41 - Taking Deposition Outside Commonwealth

Section 42 - Written Interrogatories; Notice to Adverse Party; Production of Documents

Section 43 - Rules for Taking Depositions Outside of Commonwealth

Section 44 - Foreign Depositions Obtained Contrary to Statute

Section 45 - Deposition for Use in Another State

Section 46 - Application to Take Deposition to Perpetuate Testimony

Section 47 - Notice of Taking Deposition; Compelling Testimony

Section 48 - Objections to Taking Deposition; Procedure

Section 49 - Mode of Taking Deposition

Section 50 - Recording Deposition

Section 51 - Use of Deposition in Action

Section 52 - Perpetuation of Testimony of Nonresidents

Section 53 - Application to Perpetuate Testimony of Nonresidents

Section 54 - Notice of Taking Deposition

Section 55 - Issuance of Commission

Section 56 - Written Interrogatories

Section 57 - Rules for Perpetuation of Testimony of Witnesses Without Commonwealth

Section 58 - Use of Deposition

Section 59 - Perpetuation of Testimony for Use Against All Persons

Section 60 - Application for Deposition

Section 61 - Naming Persons Interested; Notice of Taking Deposition

Section 62 - Recording Deposition

Section 63 - Use of Deposition Against Any Person

Section 64 - Admissibility of Dying Declaration of Woman

Section 65 - Admissibility of Declaration of Decedent

Section 65a - Admissibility of Deceased Party's Answers to Interrogatories

Section 66 - Evidence in Actions Against an Executor or Administrator

Section 67 - Evidence in Equity

Section 68 - Proof of Signature to Attested Instrument

Section 69 - Records of Courts of Other States or United States

Section 70 - Judicial Notice of Foreign Law

Section 73 - Foreign Oaths and Affidavits

Section 74 - Evidence of Acts of Incorporation

Section 75 - Admissibility of Printed Copies of Acts of Legislative and Administrative Bodies

Section 76 - Admissibility of Authenticated Records of Governmental Departments

Section 76a - Authenticated Copies of Documents Filed With Securities and Exchange Commission

Section 76b - Printed Copies of Schedules, Classifications and Tariffs Filed With Interstate Commerce Commission

Section 77 - Authenticated Copies of Records of Banks and Trust Companies

Section 77a - Bank Account Statement Together With Legible Copy of Check; Prima Facie Proof of Payment

Section 78 - Entry, Writing or Record Made in Regular Course of Business; Impeachment

Section 79 - Records and Copies of Records of Hospitals and Certain Institutions; Admissibility in Evidence

Section 79a - Certified Copies of Public and Private Records

Section 79b - Fact Statements Published for Persons in Particular Occupation

Section 79c - Statements of Fact or Opinion in Scientific Publication; Notice of Intention to Use

Section 79d - Photographic Copies of Newspaper in Library; Prints From Photographic Films

Section 79e - Reproductions of Public or Business Records

Section 79f - Proof of Public Way

Section 79g - Medical and Hospital Services; Evidence

Section 79h - Tort Actions for Personal Injuries or Death; Admissibility of Reports of Deceased Physicians

Section 79i - Actions to Recover From Insurer for Theft of Personal Property From Motor Vehicle or Trailer; Prima Facie Evidence of Forcible Entry Into Vehicle

Section 79j - Business Records Required to Be Produced in Court; Certification, Admissibility and Inspection; Copies

Section 79k - Duplicate of Computer Data File or Program File; Admissibility

Section 79l - Statements or Conduct Expressing Regret, Apology, Condolence by Health Care Provider; Admissibility

Section 80 - Transcripts From Stenographic Notes

Section 81 - Criminal Proceedings; Out-of-Court Statements Describing Sexual Contact; Admissibility

Section 82 - Civil Proceedings; Out-of-Court Statements Describing Sexual Contact; Admissibility

Section 83 - Custody Hearings; Out-of-Court Statements Describing Sexual Contact; Admissibility