(Applicable to the Pittsfield Division)
The following procedures are applicable to all primary court criminal cases:
I. Procedures for the Criminal Session
1. Criminal sessions are held each weekday at 9 a.m., holidays excepted.
3. The arraignment list is called, in docket number sequence, after continued cases.
(a) Defendants facing possible imprisonment will be scheduled for pretrial conference sessions.
(b) Other defendants will have their cases continued for trial and/or disposition to a 9 a.m. criminal session, within two weeks of arraignment if possible.
(c) Submissions to sufficient facts may be offered at the second call of the arraignment list, and will be taken prior to scheduled trials.
(d) A waiver of first instance jury trial and of double jeopardy claims shall be filed at arraignment by any defendant represented by counsel or not facing possible imprisonment.
4. Attorneys shall be prepared to go forward with all scheduled matters except by leave of the court.
6. The trial of co-defendants will be severed only upon written motion allowed by the court. See Mass. R.Crim.P. 9(c) , 9(d) and 19. The case folders of co-defendants will be marked with a blue dot and a cross-reference to the co-defendant's case number.
7. No defendant will be brought before the court from any jail or correctional institution except by mittimus or writ of habeas corpus upon order of the court.
8. The Chief Probation Officer, or in his or her absence a Probation Officer designated by the Chief Probation Officer, will maintain the scheduled calendar of trials and conferences.
II. Procedures for the Conference Session
1. Pretrial conference sessions are scheduled each Tuesday and Thursday, holidays excepted, at 1 p.m.
2. Defense attorneys are encouraged to conference cases with the district attorney's office prior to the scheduled conference. Cases that have been conferenced in advance and for which a conference report has been completed will be called first.
3. Defendants and defense attorneys must appear for the call of the conference list.
4. Except by leave of the court, a defendant's election or waiver of first instance jury trial must be filed no later than the first scheduled conference session.
5. Continuances for further conference will be allowed only with the approval of the conference session Judge upon written motion signed by the defendant, defense counsel and the prosecutor.
III. Conference Reports
1. A conference report shall be filed at the first scheduled conference. If there are subsequent conferences, an additional conference report shall be filed at each subsequent conference.
2. The conference report shall be signed by the defendant, defense counsel and the prosecutor.
3. The conference report may include any recommendation for disposition.
4. If the conference report indicates a submission to sufficient facts and the submission is not made at the conference session during which the report is filed, the submission shall be scheduled for and taken on the next available court date.
5. After filing a conference report, both defense counsel and the prosecutor shall be responsible for continued representation in that case except by motion to withdraw made in compliance with the Massachusetts Rules of Criminal Procedure and allowed by the court.
6. The session clerk shall file conference reports and appropriate waivers in the criminal complaint folders.
Adopted effective December 1, 1983.