- How can I prove my case?
When the hearing begins, each party may present an opening statement which tells the Magistrate what the party intends to prove.
Evidence - Each party can then offer evidence to prove its case. Evidence can be sworn testimony taken under oath at the hearing or it can be certain kinds of documents. To be admissible, evidence must meet certain legal requirements. For example, evidence must relate to the issues to be decided. Testimony must be based on personal knowledge. Affidavits, written statements and correspondence are hearsay but may be admitted at the discretion of the presiding Magistrate.
Filing Papers - All submissions must be filed on 8 ½ by 11" paper and require a statement that they have been sent to the other party involved in the case. Submissions shall be deemed filed on the date on which they are received by DALA or on the official postmark date such document was mailed, properly addressed to DALA with postage prepaid, by first class mail. You may not fax documents longer than four pages without permission of a Magistrate.
Subpoenas - The issuing of a subpoena is governed by M.G.L. c. 30A, § 12. The Magistrate may modify or vacate subpoenas as justice may require.
Division of
Administrative Law Appeals 98 North Washington Street, 4th
Floor, Boston, MA 02114
Telephone (617) 727-7060 Fax (617) 727-7248