On March 16, 2017 a
Motion,Ex Parte
was filed
involving a dispute between
Urban, Justin,
and
Interstate Electrical Services Corp.,
Weston, Keith,
for Torts
in the District Court of Middlesex County.
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T[27/ 2dr! — BlewF wi ce/ev7 oR fecriew. WJ
COMMONWEALTH OF MASSACHUSETTS
|
MIDDLESEX, ss. : SUPERIOR COURT
C.A. No. 1781CV00814-L2
JUSTIN URBAN, 2/19/2021
Plaintiff
v.
KEITH WESTON and INTERSTATE
ELECTRICIAL SERVICES CORP.,
Defendants \
SSS eS SS SS
1
\
PLAINTIFF’S MOTION IN LIMINE 10. PRECLUDE THE DEFENDANTS FROM
OFFERING EVIDENCE OF THE POST-ACCIDENT POLICE REPORT WITHOUT
AUTHENTICATION :
The Plaintiff, Justin Urban, respectfully moves this Court in imine to preclude the
defendants from offering evidence of the post-accident police report from the Billerica Police
Department without authentication. Such evidence would be overly prejudicial to the plaintiff
and should be excluded pursuant to Section 803(6)(a) and 901(b)(7)(B) of the Massachusetts
Guide to Evidence.
Section 803(6)(a) of the Massachusetts Guide to Evidence provides for the admissibility
of business records even though they would otherwise be inadmissible hearsay evidence if “(i)
the entry, writing, or record was made in good faith; (ii) it was made in the regular course of
business; (iii) it was made before the beginning of the civil or criminal proceeding in which it is
offered; and (iv) it was the regular course of such business to make such memorandum or record
at the time of such act, transaction, occurrence, or event, or within a reasonable time thereafter.”
However, Section 901(b)(7)(B) provides that copies of public records, such as police reports,
Document Filed Date
February 23, 2021
Case Filing Date
March 16, 2017
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T[27/ 2dr! — BlewF wi ce/ev7 oR fecriew. WJ COMMONWEALTH OF MASSACHUSETTS | MIDDLESEX, ss. : SUPERIOR COURT C.A. No. 1781CV00814-L2 JUSTIN URBAN, 2/19/2021 Plaintiff v. KEITH WESTON and INTERSTATE ELECTRICIAL SERVICES CORP., Defendants \ SSS eS SS SS 1 \ PLAINTIFF’S MOTION IN LIMINE 10. PRECLUDE THE DEFENDANTS FROM OFFERING EVIDENCE OF THE POST-ACCIDENT POLICE REPORT WITHOUT AUTHENTICATION : The Plaintiff, Justin Urban, respectfully moves this Court in imine to preclude the defendants from offering evidence of the post-accident police report from the Billerica Police Department without authentication. Such evidence would be overly prejudicial to the plaintiff and should be excluded pursuant to Section 803(6)(a) and 901(b)(7)(B) of the Massachusetts Guide to Evidence. Section 803(6)(a) of the Massachusetts Guide to Evidence provides for the admissibility of business records even though they would otherwise be inadmissible hearsay evidence if “(i) the entry, writing, or record was made in good faith; (ii) it was made in the regular course of business; (iii) it was made before the beginning of the civil or criminal proceeding in which it is offered; and (iv) it was the regular course of such business to make such memorandum or record at the time of such act, transaction, occurrence, or event, or within a reasonable time thereafter.” However, Section 901(b)(7)(B) provides that copies of public records, such as police reports,