Request a Copy of an Autopsy Report - Attorneys

If you are authorized, you may be able to receive a copy of the report by following the steps below. As an attorney, you may request OCME reports by submitting a letter of representation from your law firm along with a signed authorization form from the legal next of kin. If you are unable to obtain legal next of kin authorization, you may be entitled to the reports by filing a motion in accordance with 505 CMR 1.04 (please see the requirements below)

If filing a Motion, please see the following requirements:

Disclosure of Autopsy Reports in Civil Cases:

The Office may, in its discretion, provide a copy of the autopsy report of a decedent to a requesting party in a civil case if the following conditions are met:

The moving party demonstrates to the court having subject matter jurisdiction over the litigation that the autopsy report likely contains information that is relevant, material, and necessary for preparation or use in the litigation;

1. The moving party obtains a specific court order, authorizing disclosure of the autopsy report, issued by a judge of the court having subject matter jurisdiction over the litigation;
2. The Office has been afforded the opportunity to oppose and object to the disclosure of the autopsy report for reasons of confidentiality, privacy, investigative interests or as justice may require;
3. In cases of unnatural or suspicious death where the district attorney or his law enforcement representative is directing and controlling the investigation of the death pursuant to M.G.L. c. 38, § 4, the district attorney or his law enforcement representative has determined, in his discretion and in writing, that he does not object to the disclosure of the autopsy report to the spouse or next of kin; and
4. The Office issues, along with the release of the autopsy report, a statement that autopsy reports are not public records and should not be disseminated or used for any purposes other than those authorized by the court order or by law.