The Standing Advisory Committee on the Rules of Criminal Procedure solicits comments on proposed amendments to Rules 15, 25 and 30.
The proposed amendments to Rule 15(d) would clarify how a defendant may request attorney’s fees and costs when the Commonwealth takes an interlocutory appeal or applies for leave to appeal from the Single Justice. The changes also would specify the court to which the request should be filed and when it must be filed.
The proposed changes to Rules 25 (Motion for Required Finding of Not Guilty) and 30 (Post Conviction Relief) are related. Two forms of relief after conviction currently available under Rule 25 would be consolidated into Rule 30(b). The changes would not alter the judge’s authority under either rule, but, instead, more clearly delineate the bases under which relief is available. The changes to Rule 25 also would clarify the period in which a motion for a required finding of not guilty may be renewed. The proposed changes to Rule 30, meanwhile, also would set forth procedures for postconviction discovery, specify the availability of costs, clarify that the trial judge shall ordinarily hear a motion for postconviction relief, and establish procedures for appeal.
The proposed amendments are explained more fully in the draft Reporter’s Notes accompanying each proposal. The proposed amendments and draft Reporter's Notes appear at the link below.
Comments should be directed to Timothy E. Maguire, Supreme Judicial Court, John Adams Courthouse, One Pemberton Square, Boston, MA 02108 on or before January 11, 2027. Comments also may be emailed to timothy.maguire@jud.state.ma.us. Comments received will be made available to the public.
Proposed Amendments to Rules 15, 25 and 30 of Massachusetts Rules of Criminal Procedure