Pretrial Hearing

When the pretrial conference report is submitted, the court shall examine it for completeness, shall rule on any disputed discovery issues, and, unless discovery compliance is still pending, shall inquire if the defendant waives the right to jury trial. The court shall not compel the defendant's decision on waiver of jury trial until all discovery issues have been resolved and compliance with any discovery orders has been completed. Compliance with discovery orders may require the scheduling of a "compliance/election hearing" as provided in Rule 5 . However, the defendant may proceed to enter the decision on jury waiver and a trial date may be set prior to compliance with discovery orders, at the defendant's option. A waiver of the right to jury trial shall be submitted by the defendant on the form promulgated therefor by the Supreme Judicial Court and shall be accepted only upon completion of the colloquy required by law and the certificate of counsel required by G.L. c. 218, s. 26A . The required certificate shall be submitted on the form promulgated therefor by the Chief Justice of the District Court or the Chief Justice of the Boston Municipal Court, as the case may be. If a waiver of jury trial is accepted in a District Court in which jury trials are not available and in which only one judge regularly sits, and that judge has rejected defendant's tendered plea or admission, the defendant shall be asked if he or she waives the right to be tried by a different judge. If the right to be tried by a different judge is waived, the case shall be scheduled for jury-waived trial in that court. If the right to be tried by a different judge is not waived, the case shall be scheduled for jury waived trial in the court in which a session has been designated for that purpose under G.L. c. 218, s. 27A . If the right to jury trial is not waived when that issue is addressed by the court, the case shall be scheduled as follows: (1) in the District Court the case shall be scheduled for jury trial on a date certain, provided, however, that in the District Court such cases may be scheduled for a trial assignment date if that procedure is authorized by the Chief Justice of the District Court, and (2) in the Boston Municipal Court the case shall be scheduled for a date certain for trial assignment.