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.