Section 4. If a person who has been duly summoned and required to attend as a witness under the preceding sections or section thirty-seven of chapter two hundred and eighteen fails, without a sufficient excuse, to attend, he shall be liable to the aggrieved party in tort for all damages caused by such failure.
Structure 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 20h - Contempt of Court; Punishment; Appeal
Section 20k - Domestic Violence Victims' Counselors; Confidential Communications
Section 20l - Confidentiality of Domestic Violence Victims' Program and Rape Crisis Center Locations
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 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 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 77 - Authenticated Copies of Records of Banks and Trust Companies
Section 78 - Entry, Writing or Record Made in Regular Course of Business; Impeachment
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 79k - Duplicate of Computer Data File or Program File; 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