Code of Massachusetts Regulations
505 CMR - OFFICE OF THE CHIEF MEDICAL EXAMINER
Title 505 CMR 1.00 - Disclosure Of Autopsy Reports
Section 1.04 - Disclosure of Autopsy Reports in Civil Cases
Current through Register 1531, September 27, 2024
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:
(1) 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;
(2) 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;
(3) 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;
(4) 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
(5) 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.
