Arraignment

Massachusetts District/Municipal Courts Rules of Criminal Procedure

Rule: 3

Jurisdiction: MA

Bluebook Citation: Mass. Dist./Mun. Cts. R. Crim. P. 3

At arraignment in the District Court, the judge shall issue a written order to the attorney representing the defendant and to the prosecutor to (1) engage in a conference between themselves prior to a pretrial hearing in accordance with Mass. R. Crim. P. 11 and (2) appear before the court on a date certain for the conduct of the pretrial hearing on the results of that conference. If the parties agree to a date for the pretrial conference, said date shall be recorded on the order. At arraignment in the Boston Municipal Court, the judge shall issue an order to the attorney representing the defendant and to the prosecutor to (1) appear for a conference between themselves under the supervision of an Assistant Clerk-Magistrate designated by the Clerk-Magistrate for Criminal Business and certified by the Chief Justice of the Boston Municipal Court, to be conducted in accordance with Mass. R. Crim. P. 11 , in a designated courtroom and (2) appear before the court on a date certain for a hearing on the results of that pretrial conference. Such order issued by the District Court or Boston Municipal Court shall also require the parties to provide, permit and obtain discovery in accordance with G.L. c. 218, s. 26A , and Mass. R. Crim. P. 14 , in advance of the scheduled pretrial hearing and to be prepared to submit either a tender of plea or admission at said hearing or, in lieu thereof, a pretrial conference report, completed and signed by both parties. Discovery that is not provided, permitted or obtained in accordance with the arraignment order shall be the subject of a court order, a motion for relief, or sanctions at the pretrial hearing, as provided in Rule 4(b) .

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