93A

93A is a section of the Massachusetts Supplemental Provincial Court Rules, also known as the Massachusetts Civil Procedure Rules, 1995. It is a Massachusetts Appellate Court rule governing civil actions. Within this section, it states that in order for the defendant to prevail, they must show that the due diligent efforts that were made to open up the covers of the report and show the contents thereof we’re impossible of being used or that such efforts would have been useless.

The defendant must also show that they were acting in good faith and that they were suitably diligent in making these efforts. This means that if the defendant shows that they made reasonable attempts to investigate and discover the contents of the report and that such efforts were impossible or useless, they will be able to overcome the adverse inference.

Several notable cases have applied or interpreted the holdings in this section of the rule. For example, Gantt v. Pollock, 411 Mass. 526 (1991) on the lack of effort to find the evidence a party had for his case. The case set a precedent for the limitation of the rule.

In some cases, the application of 93A is preempted by federal law or a federal claim is made and 93A will not be applied. Thus, the availability of 93A's protection has been narrowed, but it remains a significant area of injury protection for Massachusetts consumers. It has adequate protections to ward off cases which could potentially harm consumers.

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