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Supreme Judicial Court Rules
SJC Rule 3:03, Section 4: Court requirements, scope of practice, limitations, and privileges

Supreme Judicial Court Rules  Section 4.3: Superior Court (Effective August 1, 2026)

Adopted Date: 09/25/2025
Effective Date: 08/01/2026
Updates: Amended September 25, 2025 and effective August 1, 2026

Section 4.3

A student practitioner with direct supervision may appear before the Superior Court under the following circumstances.

(a) Criminal matters

A student practitioner who has successfully completed two-thirds of the requirements for law school, and is enrolled in or has successfully completed a course in criminal procedure or a clinical program that includes instruction in criminal procedure, may appear on the following criminal matters:

  • (i) arraignment in a matter where the maximum sentence is less than imprisonment for life;
  • (ii) initial probation violation hearings;
  • (iii) non-evidentiary pretrial hearings for motions to dismiss and motions to suppress search warrants in a matter where the maximum sentence is less than imprisonment for life;
  • (iv) non-evidentiary pre-trial hearings for motions in limine subject to preservation of rights at trial in a matter where the maximum sentence is less than imprisonment for life;
  • (v) as second seat at any trial or pre-trial hearings, except that the student practitioner may not argue motions, examine witnesses, or make arguments during the proceeding unless permission to do so is requested and granted by the presiding judge; provided that, where a student practitioner is representing a criminal defendant, the judge shall hold a colloquy on the record confirming the client's knowing and voluntary approval of the student practitioner's proposed role; and
  • (vi) hearings on motions for a new trial seeking post-conviction relief after the time for direct appeal has expired or direct appellate rights have been exhausted.

(b) Civil matters

A student practitioner who has successfully completed a course in civil procedure and is enrolled in or has successfully completed a law school civil clinical program may appear in any civil matter.

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Updates: Amended September 25, 2025 and effective August 1, 2026

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