Related to:
Superior Court Rules

Superior Court Rules Superior Court Rule 61A: Motions for post-conviction relief

Courts: Superior Court
Adopted Date: 02/09/2001
Effective Date: 03/01/2001

(Applicable to criminal cases)

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(A) Contents of the motion

Motions for post-conviction relief filed under Mass. R. Crim. P. 30 shall contain (1) an identification by county and docket number of the proceeding in which the moving party was convicted, (2) the date the judgment of conviction entered, (3) the sentence imposed following conviction and (4) a statement of the facts and grounds on which the motion is based. The motion shall also contain (5) a statement identifying all proceedings for direct review of the conviction and the orders or judgment entered and (6) a statement identifying all previous proceedings for collateral review of the conviction and the orders or judgments entered.

(B) Docket of proceedings and transmission of papers

After docketing, the Clerk shall attach to all such motions a copy of the docket of the proceedings that resulted in the conviction and shall forward the motion, and accompanying papers, to the Justice who presided at the trial from which the conviction resulted and to the office of the District Attorney or to the Attorney General responsible for prosecuting the case. If the Justice who presided at the trial has retired, or is otherwise unavailable, the Clerk shall forward the motion and accompanying papers to the Regional Administrative Justice for the county in which the conviction occurred.

(C) Action on motions

Motions that do not comply with the requirements of paragraph (A) hereof may be summarily denied, without prejudice to renewal when filed in accordance with those requirements. For all motions that do comply with the requirements of paragraph (A), the court may direct the Commonwealth to file and serve an opposition, or may act thereon in the manner it deems appropriate and as authorized by Mass. R. Crim. P. 30.

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