SUPREME
JUDICIAL COURT ADOPTS AMENDMENTS
TO THE RULES OF CRIMINAL PROCEDURE
Boston, MA -
The Supreme Judicial Court today approved amendments to
Massachusetts Rules of Criminal Procedure 1, 3, 5, 7, 11,
12, 13, 14, and 34, and a new Rule 3.1. The amendments
are effective on September 7, 2004, and apply only to those
cases initiated (by indictment or complaint) on or after
the effective date.
The
revised rules are based on a 155-page report of the Supreme
Judicial Court's Standing Advisory Committee on the Rules
of Criminal Procedure. In July of 2003, the Court invited
written comment on the report. After reviewing the comments
received, on October 21, 2003, the Court held oral argument
on Rule 14 (Discovery), Rule 3 (Complaint and Indictment),
and Rule 12 (Pleas and Withdrawal of Pleas). As a result
of the comments received and the oral argument, the Court
made several significant changes to Rule 14 on Pretrial
Discovery. The scope of automatic discovery was narrowed
to a specific list of items with additional discovery to
be handled by motion. Also, the names and business addresses
of prospective law enforcement witnesses are included in
automatic discovery as numerous police chiefs and other
law enforcement officials had objected to discovery of
the home addresses. See Mass. R. Crim. P. 14(a)(1)(A)(iv),
(v), (vii) and (2).
The
Supreme Judicial Court's Standing Advisory Committee on
the Rules of Criminal Procedure, chaired by Superior Court
Justice Charles J. Hely, is continuing the first comprehensive
review of all of the Massachusetts Rules of Criminal Procedure
since their original adoption in 1979.
The
new amendments are available at www.mass.gov/courts/crimprocruleamend.pdf. The
Reporter’s Notes, which are not officially approved by
the Court, will be made available as soon as they are completed.
