Effective Date: | 01/01/1996 |
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- This page, Rule 5: Hearing Date for Discovery Compliance and Jury Waiver Election , is offered by
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- Trial Court Law Libraries
- Boston Municipal Court
- Massachusetts Court System
District/Municipal Courts Rules of Criminal Procedure Rule 5: Hearing Date for Discovery Compliance and Jury Waiver Election
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Rule 5
In those cases in the District Court wherein a discoverable item is not produced or is not deemed waived at the pretrial hearing and the court issues a discovery order, a subsequent court hearing shall be scheduled at the request of the party seeking discovery to ensure compliance with such order. In those cases in the Boston Municipal Court wherein a discoverable item is not produced or is not deemed waived at the pretrial hearing and the court issues a discovery order, a subsequent hearing may be scheduled by the court. If required, said hearing in the District Court or Boston Municipal Court shall be scheduled for a date on or after the compliance date and shall be limited to the following court actions:
(1) determining discovery compliance and, if necessary, ordering appropriate sanctions for noncompliance;
(2) receiving and acting on a tender of plea or admission in accordance with Rule 4(c) ; and
(3) obtaining defendant's decision on waiver of the right to jury and scheduling the trial date or trial assignment date, as required by Rule 4(e) .