Notice Inviting Comment
Proposed Amendment to Rule 14 of the Massachusetts Rules of Criminal Procedure
The Supreme Judicial Court's
Standing Advisory Committee on the Rules of Criminal Procedure
Invites Comments on Proposed Amendments to
Rule 14 of the
Rules of Criminal Procedure Massachusetts
The Supreme Judicial Court 's Standing Advisory Committee on the Rules of Criminal Procedure invites comments on proposed amendments to Rule 14 of the Massachusetts Rules of Criminal Procedure. The proposal changes the Rule in light of the procedure required by Commonwealth v. Sliech-Brodeur, 457 Mass. 300 (2010), concerning the preparation and disclosure of a report by a mental health expert who will testify in part based on statements of the defendant. It also requires reports by either the defense mental health expert or the examiner appointed by the court to include specific details. Finally, the proposal gives judges the discretion to order additional discovery relevant to the issue of the defendant's mental condition.
In February 2010, the Committee published for public comment amendments to other aspects of Rule 14(b)(2). For the sake of clarity, they have been included here as well.
The Committee welcomes all comments pertaining to the issues raised by this proposal and will make recommendations to the Supreme Judicial Court after reviewing the comments submitted. Comments should be directed to The Standing Advisory Committee on the Rules of Criminal Procedure, c/o Attorney
The following documents include a discussion describing the reasons for each amendment; the text of the existing subsections of Rule 14 that are affected; the proposed amendments to Rule 14 showing the revisions and deletions; text of how the Rule would appear containing the proposed amendments; and the proposed Reporter's Notes.
Explanation of Proposed Amendments
Text of Existing Rule 14
Blackline Version Showing Revisions
Text of Rule with Proposed Amendments
Proposed Reporters Notes