Section 23A. In any action to recover damages for personal injuries or consequential damages, so called, resulting therefrom, no statement in writing signed by any party to the action or statement taken on a recording instrument, concerning the facts out of which the cause of action arose, given by such party, or a person in his behalf, to any other party to the action, or to his agent or attorney, or to the insurer of such other party, or to the agent or attorney of such insurer, shall be admissible in evidence in, or referred to at, the trial of such action or in any proceeding connected therewith unless a copy of such statement or verbatim written transcription of such recorded statement is furnished to the party making the same or to his attorney within ten days after written request therefor made by such party or attorney to the adverse party or his attorney, or within such further time as the court may allow on motion and notice.
Notes of Decisions
Cited in
3
cases, 1985–2005 · leading case:
Mazzoleni v. Cotton, 597 N.E.2d 59 (Mass. App. Ct. 1992).
Mazzoleni v. Cotton, 597 N.E.2d 59 (Mass. App. Ct. 1992).
· cites it 6× “Neither letter expressly referred to G. L. c. 233, § 23A. 1 After the breakdown of settlement discussions, Mazzoleni filed a negligence action in Superior Court in September, 1988.”
Fahey v. Rockwell Graphic Sys., Inc., 482 N.E.2d 519 (Mass. App. Ct. 1985).
“For instance, G. L. c. 233, § 23A, requiring parties in personal injury actions to furnish copies of statements made by adverse parties upon penalty of exclusion at trial, initially applied only to signed written statements, see Spellman v.”
Commonwealth v. Williams, 827 N.E.2d 1281 (Mass. App. Ct. 2005).
“152, § 7B; G. L. c. 233, § 23A. DIA Form 110 is required by statute: “Any claim for benefits shall be filed with the division of administration and the insurer on a form prescribed by the division, and shall specifically state the benefits claimed to be due and unpaid.”
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