Notice and scheduling of Wallace W. hearing

Juvenile Court Rules for First Offense Determinations and Hearings

Rule: 4

Jurisdiction: MA

Bluebook Citation: Mass. Juv. Ct. R. (First Offense) 4

After receiving notice from the Commonwealth that it intends to prove multiple offenses at a Wallace W. hearing, the clerk-magistrate, after finding probable cause, shall issue the complaint. If the complaint issues, the clerk-magistrate shall issue a summons pursuant to G.L. c. 119, § 54 . The summons shall set forth the date and time of the arraignment. In addition, the summons shall state that prior to the arraignment, the Commonwealth intends to prove prior offenses at a Wallace W. hearing. The summons shall list those offense(s). The summons shall also list the name and contact information for the child’s court appointed counsel. Counsel shall be appointed by the court prior to the issuance of the summons. The summons shall be served on the child and parent by first class mail unless otherwise ordered by the court. A copy of the summons shall be mailed to the child’s attorney and the prosecutor. Service of the summons shall be docketed on the case. 1. Scheduling of the Wallace W. Hearing. The clerk-magistrate shall send the summons to the parties within 7 days of the issuance of the delinquency complaint. The Wallace W. hearing shall be scheduled for a date certain no more than 14 days from the service of the summons. Any party may file a motion with the court requesting that the Wallace W. hearing be rescheduled to a later date to allow for discovery and the summonsing and preparation of witnesses. The hearing, however, shall not be rescheduled for later than 28 days from the issuance of the complaint, although the judge may grant a continuance beyond this time for good cause shown.

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