Download as PDF pdf format of Order Entered in Commonwealth v. Dwyer, 448 Mass. 122


In an Order entered on December 29, 2006, this Court approved five model notices and orders for use in all criminal cases in which a defendant seeks pretrial inspection of records of third parties that may be statutorily privileged. The Court also invited the Standing Advisory Committee (committee) on the Rules of Criminal Procedure to review the model forms and to propose any revisions to them.

On consideration of the committee's recommendations, it is hereby ORDERED that the five model notices and forms approved on December 29, 2006 are superseded and replaced by the six forms attached to the Order, titled as follows:

1. Notice of a Hearing Regarding the Release of Records pdf format of Notice of a Hearing Regarding the Release of Records
[to replace form titled "Commonwealth's Notice Accompanying Summons to Record Holder and Third-Party Subject of Hearing on Defendant's Motion Under Rule 17(a)(2) of the Massachusetts Rules of Criminal Procedure, 378 Mass. 885 (1979)"];

2. Notice Accompanying Court-Ordered Summons for Non-Privileged Records pdf format of  Notice Accompanying Court-Ordered Summons
[to replace form titled "Notice Accompanying Summons to Keeper of Records"];

3. Notice Accompanying Court-Ordered Summons for Presumptively Privileged Records pdf format of Notice Accompanying Court-Ordered Summons 
[to replace form titled "Notice Accompanying Summons to Keeper of Records"] 

4. Protective Order for Defense Counsel pdf format of  Protective Order for Defense Counsel 
[to replace form titled "Protective Order for Defense Counsel" issued on December 29, 2006]

5. Order Allowing Access to Privileged Records by Persons Other than Counsel pdf format of  Order Allowing Access to Privileged Records 
[to replace form titled "Order Allowing Access to Privileged Documents by Persons Other than Defense Counsel" issued on December 29, 2006]

6. Protective Order for Prosecuting Attorney pdf format of Protective Order for Prosecuting Attorney
[new form]

The content of the forms may not be altered without the prior approval of the Supreme Judicial Court. The Court may from time to time amend these forms upon recommendation of the committee or otherwise.

Entered: November 30, 2007.