Code of Massachusetts Regulations
831 CMR - APPELLATE TAX BOARD
Title 831 CMR 1.00 - Appellate Tax Board Rules Of Practice And Procedure
Section 1.27 - Evidence
Current through Register 1531, September 27, 2024
(1) Any document that a party intends to introduce as evidence at the hearing of an appeal, other than documents to impeach the credibility of a witness, must be submitted to the Board and provided to the opposing party by in-hand delivery, first-class mail, or email no later than seven days prior to the scheduled hearing, except upon good cause shown. Any document that is not timely submitted and provided may be excluded from evidence, or the Board may order the continuance of the hearing.
(2) The Board may require that hard copies of proposed documentary evidence be provided to the Board and the opposing party. Demonstratives and chalks not constituting evidence but intended by a party to facilitate testimony, or to summarize evidence or legal analysis, must be submitted to the Board and provided to the opposing party prior to the scheduled hearing.
(3) For appeals from a decision of the Assessors, the following documents must be introduced as evidence by the Assessors and, therefore, submitted to the Board and provided to the opposing party as provided in this Rule:
(4) For appeals from a decision of the Commissioner, the following documents, if applicable, must be introduced as evidence by the Commissioner and, therefore, submitted to the Board and provided to the opposing party as provided in this Rule:
(5) The Board may require that additional documents be introduced as evidence and, therefore, submitted to the Board and provided to the opposing party as provided in this Rule.
(6) The Board may accept as evidence a clear and legible copy of any original book, document, record, model, diagram, or other proposed exhibit offered at the hearing of an appeal.
(7) The Board may take judicial notice of matters of law and fact to the same extent that such matters may be the subject of judicial notice in Massachusetts courts. Such matters include federal and state statutes and cases and regulations of the Internal Revenue Service and the Commissioner. However, proof of municipal law, including bylaws, ordinances, regulations, and adoption of state local option statutes, must be made by testimony of a municipal official or by certified copy of the municipal law or action in question.