Massachusetts General Laws

Mass. Gen. Laws ch. 231, § 89 (2026)

Use at trial of answers to interrogatories

✓ current as of July 2026

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Section 89. The answers of a party to interrogatories filed may be read by the other party as evidence at the trial. The party interrogated may require the whole of the answers upon any one subject matter inquired of to be read, if a part of them is read; but if no part is read, the party interrogated shall in no way avail himself of his examination or of the fact that he has been examined.

Notes of Decisions

Cited in 9 cases, 1925–2000 · leading case: Beaupre v. Cliff Smith & Assocs., 738 N.E.2d 753 (Mass. App. Ct. 2000).

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Beaupre v. Cliff Smith & Assocs., 738 N.E.2d 753 (Mass. App. Ct. 2000). “It also overlooks the fact that interrogatory answers constitute admissions of a party opponent (though not conclusively binding admissions, *485 G. L. c. 231, § 89) which are available for evidentiary use by any adverse party to the litigation.”

Gordon v. Bedard, 164 N.E. 374 (Mass. 1929). “G. L. c. 231, § 89. But the rule does not apply to the testimony of a party when he is called by his opponent to testify, and when so called the jury may believe as much of his testimony as is in the nature of an admission and disbelieve such portions of it as are favorable to…”

Warren v. Decoste, 269 Mass. 415 (Mass. 1929). · cites it 2× “This conclusion follows also from the terms of G. L. c. 231, § 89, that the “answers of a party to interrogatories filed may be read by the other party as evidence at the trial.”

Kenyon v. Hathaway, 73 A.L.R. 156 (Mass. 1931). “G. L. c. 231, § 89, provides that the answers of a party to interrogatories filed may be read by the other party as evidence at the trial, thus giving him the right to read them as a part of his direct case.”

Washburn v. R. F. Owens Co., 155 N.E. 432 (Mass. 1927). “” G. L. c. 231, § 89. These repeated and carefully considered statements declare the law.”

Delano v. Garrettson-Ellis Lumber Co., 281 N.E.2d 282 (Mass. 1972). “G. L. c. 231, § 89. Smith v. Boston Elev.”

Thompson v. Beliauskas, 167 N.E.2d 163 (Mass. 1960). “” No part of the plaintiff’s answers had been introduced by the defendants and these interrogatories and answers were improperly admitted (see G. L. c. 231, § 89; DiAngelo v. United Mkts.”

Bradley Lumber & Mfg. Co. v. Cutler, 148 N.E. 101 (Mass. 1925). “By G. L. c. 231, § 89, the party interrogated may require the whole of the answers, upon any one subject matter inquired of, to be read, if a part of them is read.”

Goldberg v. Auto Driveaway Co., 1985 Mass. App. Div. 80 (Mass. Dist. Ct., App. Div. 1985). “, Rule 33 permits the filing of interrogatories, G.L.c. 231, § 89 controls the use of answers to interrogatories at trial.”

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