Massachusetts District Attorneys Association the massachusetts prosecutors’ manual: domestic violence & sexual assault
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- Bu səhifədəki naviqasiya:
- 6.3.2.Certificate of Compliance
- 6.3.3.Motion for Reciprocal Discovery of Material and Relevant Evidence
- 6.3.4.Motion for Protective Order
6.3.MOTIONS REGARDING DISCOVERY6.3.1.Notice to Defense to Provide Automatic Reciprocal DiscoveryCOMMONWEALTH OF MASSACHUSETTS ____________, SS _____________COURT DEPARTMENT NO. ________ COMMONWEALTH V. _______________________________________ COMMONWEALTH’S NOTICE TO DEFENSE OF ITS OBLIGATION TO PROVIDE AUTOMATIC RECIPROCAL DISCOVERY The Commonwealth filed its Certificate of Compliance, pursuant to Mass. R. Crim. P. 14 (a) (3), on _______________. In accordance with Mass. R. Crim. P. 14 (a)(1)(B), the Commonwealth gives notice that the defense is now required automatically to produce to the Commonwealth for inspection and or/copying within thirty days the following material and information:
(i) the name, address and place of employment of the expert witness; (ii) the curriculum vitae of the expert witness; (iii) any written reports or statements of the expert witness including any documentation of the basis of the witness’ opinion and any examination of the victim; (iv) the substance of the expert witness’ testimony; (v) any books, journals, articles or written material upon which the expert witness intends to rely; (vi) any physical evidence on which the expert witness bases the opinion. 7. Disclosure of all promises, rewards or inducements made to witnesses the defendant intends to present at trial.
Failure to provide automatic reciprocal discovery may subject the defendant and/or defense counsel to sanctions including court costs, a continuance for the Commonwealth, depositions of defense witnesses, and preclusion of evidence at trial. See Mass. R. Crim. P. 14(c) (1)-(2); Mass. R. Crim. P. 10 (a) - (c). For the Commonwealth, _______________________ DISTRICT ATTORNEY by: _____________________
_______________________________________________________________________ COMMONWEALTH’S CERTIFICATE OF COMPLIANCE ________________________________________________________________________
Pursuant to Mass. R. Crim. P. 14 (a) (3), the Commonwealth, to the best of its knowledge and after reasonable inquiry, has disclosed and made available all items subject to discovery at this time, under Mass. R. Crim. P. 14 (a) (1) (A). Specifically, the Commonwealth has provided the defense the following:
Specifically, the Commonwealth has provided the defense with: ________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________ For the Commonwealth, ___________________________ DISTRICT ATTORNEY
by: ________________________ ____________________________ Assistant District Attorney ____________________________ ____________________________ ____________________________
_____________________________________________________________________________________ COMMONWEALTH’S MOTION FOR RECIPROCAL DISCOVERY OF MATERIAL AND RELEVANT EVIDENCE ________________________________________________________________________ The Commonwealth filed its Certificate of Compliance, pursuant to Mass. R. Crim. P. 14 (a) (3), on _______________. In accordance with Mass. R. Crim. P. 14 (a)(2), the Commonwealth moves that the defendant produce for inspection and or/copying within thirty days the following material and information:
witnesses, or scientific tests or experiments, or medical records, within the possession, custody or control of the defendant or persons under his direction and control, which are material and relevant to the above indictments or which the defendant intends to rely upon or introduce at trial (whether in the case-in-chief or in cross examination or in any other part of the trial).
alleged victim pursuant to G. L. c. 233, § 21B.
any defense of diminished capacity), or of any defense regarding the issue of the voluntariness of the defendant’s confession, which shall state: (i) whether the defendant intends to offer testimony of expert witnesses on the issue of lack of criminal responsibility because of mental disease or defect, or diminished capacity, or the voluntariness of the defendant’s confession; (ii) the names and addresses of any expert witnesses whom the defendant intends to call at trial; (iii) whether those expert witnesses intend to rely, in whole or in part, upon statements of the defendant as to his mental condition at the time of the alleged crimes or as to his criminal responsibility for the alleged crimes, or his state of mind at the time of the confession; (iv) any written reports or statements of expert witness concerning the mental condition of the defendant; and (v) the curriculum vitae of the expert witness. 4. . Written notice of any alibi defense with regard to any of the alleged dates of offense. 5. Written notice of whether the defendant intends to utilize an expert witness which shall include: (i) the name, address and place of employment of the expert witness; (ii) the curriculum vitae of the expert witness; (iii) any written reports or statements of the expert witness including any documentation of the basis of the witness’ opinion and any examination of the victim; (iv) the substance of the expert witness’ testimony; (v) any books, journals, articles or written material upon which the expert witness intends to rely; (vi) any physical evidence upon which the expert witness bases his or her opinion. In addition, the Commonwealth requests that the defendant provide the following: ________________________________; ________________________________; ________________________________. For the Commonwealth, ___________________________ DISTRICT ATTORNEY
by: ________________________ ____________________________ Assistant District Attorney ____________________________ ____________________________ ____________________________
NO. ________ COMMONWEALTH V.
COMMONWEALTH’S MOTION FOR A PROTECTIVE ORDER Now comes the Commonwealth in the referenced case and respectfully moves, pursuant to Mass. R. Crim. P. 14 (a) (6), that the Court order discovery or inspection of the following be denied: ___Witness’s name ___Witness’s address ___Witness’s phone number ___Witness’s date of birth ___Witness’s social security number ___Witness’s workplace information (name, address, phone number) ___Witness’s or witness’s child(ren) school, daycare, babysitter information ___Witness’s health [HIV status, etc], medical, or mental health information ___Videotape of interview with witness ___Names of parents that identify the victim As reasons therefore, the Commonwealth states that the order is sought by the witness and is necessary to effectuate the witness’s well-established interests in his/her privacy and safety as well as the court’s duty to ensure those interests are protected. See Commonwealth v. Clancy, 402 Mass. 664, 669 (1988) (witness’ execution of waivers or releases to enable the Commonwealth to use the material in charging the defendant with criminal violations does not constitute relinquishment of the individual’s privacy rights); Ward v. Peabody, 380 Mass. 805, 819 (1980) (where relevant evidence is sought as part of a legitimate investigation, the “privacy interests of the [witness] and possibly of others should be considered”); G.L. c. 258B, §§ 2, 3(d) (victim’s right to receive protection from harm arising out of cooperation with law enforcement and prosecution efforts); and 3 (h) (victim’s right to request confidentiality in the criminal justice system). The witness’s name and the specific reasons relating to this protective order are outlined in the attached affidavit, which the Commonwealth has moved to impound. In the alternative, the Commonwealth requests this Court to order disclosure be made to counsel for the defendant only, and to enter such other order or conditions to maintain limited disclosure of the information as it deems appropriate to protect the privacy and safety of the witness and others referenced in the affidavit. An affidavit in support of this motion is attached. A separate motion to impound that affidavit has also been filed. For the Commonwealth, ___________________________ DISTRICT ATTORNEY by: ________________________ ____________________________ Assistant District Attorney ____________________________ ____________________________ ____________________________
COMMONWEALTH OF MASSACHUSETTS FRANKLIN, SS Superior Court Department No.
COMMONWEALTH v. _________________________ ______________________________________________________ AFFIDAVIT IN SUPPORT OF MOTION FOR PROTECTIVE ORDER _____________________________________________________ I, ____________________________, state that the following is true to the best of my knowledge, information and belief: 1. I am an Assistant Attorney General Attorney and have been assigned to prosecute the referenced case. 2. I have been informed that ___________________________, a [victim] [witness] [family member of a victim] [family member of a witness], wishes to request confidentiality in accordance with the provisions of G.L. c. 258B. § 3 (d) & (h) and wishes that [his/her/their] name(s) and other identifying information not be disclosed publicly or to the defendant for the following reasons: ....
Signed under the pains and penalties of perjury Assistant Attorney General DATE: ____________ BBO#
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