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     In early August 2007, the Supreme Judicial Court's Advisory Committee on Massachusetts Evidence Law released for public comment its preliminary draft of the Massachusetts Guide to Evidence.  The Committee invited comments suggesting any additions, deletions, or other changes that could improve the Guide's compilation and statement of existing Massachusetts evidence law.  The committee received over twenty written submissions from members of the public, bench, and bar.  In addition, MCLE and the Boston Bar Association held seminars where panelists and attendees discussed the draft and made comments and suggestions.  In total, approximately 150 pages of suggested changes were received. 

     Every suggestion was closely reviewed and, as a result,  substantial revisions were made.  Given the numerous changes, the committee is resubmitting the draft to the bench and bar.  A PDF copy of the revised preliminary draft is attached to this announcement.  The changes are  highlighted.  Once again, the committee invites all members of the bench, bar, and public to review the revised draft and to submit written comments.  In view of the many comments received and considered to date, the committee requests that any additional comments include the specific language that you wish to substitute for what is contained in the revised draft.

     The committee wishes to emphasize two points.  First and foremost, in accordance with  the Supreme Judicial Court's mandate to the committee, what we have written are not rules, but rather, as the title suggests, a guide to evidence, based on the law as it exists today.  The committee did not attempt, nor was it authorized, to suggest modifications, adopt new principles, or predict future developments in the law.  Second, the committee will recommend that the Guide be published annually to address changes in the law and to make any other revisions as necessary.  The committee's goal is to reflect the most accurate and clear statement of current law as possible.

     Since the committee wishes to submit the final draft of the Guide to the Supreme Judicial Court in a timely fashion, we ask that you send us any new comments no later than April 1, 2008.  Please send them to our Reporter, Joseph Stanton, at:  The Advisory Committee on Massachusetts Evidence Law, c/o Joseph Stanton, Reporter,  Appeals Court, Clerk's Office, John Adams Courthouse, One Pemberton Square, Room 1200, Boston, MA 02108-1705.  Comments may also be sent to:  Joseph.Stanton@appct.state.ma.us 

     Thank you for your continuing support.


Link to draft has been removed at the Committee's request.