Guideline 3:06
The common-law rules of evidence, e.g., those regarding hearsay, authentication, and best evidence, do not apply in c. 258E hearings, subject to considerations of fundamental fairness.
Commentary
At the ex parte hearing, as at the hearing after notice in c. 209A proceedings, strict adherence to the common law rules of evidence is not expressly required by the statute. M.B. v. J.B., 86 Mass. App. Ct. 108, 110 n.5 (2014). For example, the court can properly receive testimony that would otherwise be hearsay (e.g., “the doctor said that I had a concussion”). “The rules of evidence need not be followed, provided there is fairness in what evidence is admitted and relied on.” Frizado v. Frizado, 420 Mass. 592, 597-98 (1995). See also Noelle N. v. Frasier F., 97 Mass. App. Ct. 660, 661 n.3 (2020).
Contact
Phone
Address
| Last updated: | October 20, 2025 |
|---|