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If after commencement of trial, but before return of the verdict, the prosecuting attorney enters a nolle prosequi without the consent of the defendant, the defendant is effectually acquitted of those charges which are the subject of the nolle prosequi.
(1) All defenses available to a defendant by plea, other than not guilty, shall only be raised by a motion to dismiss or by a motion to grant appropriate relief. (2) A defense or objection which is capable of determination without trial of the general issue shall be raised before trial by motion.
Prospective jurors are selected at random from the resident lists supplied to the OJC every year by each of the 351 cities and towns in Massachusetts. All of a judicial district's resident names are combined into a large database, where they're randomly shuffled by a computer program. Learn about the Massachusetts jury system | Mass.gov mass.gov ? info-details ? learn-about-the-ma... mass.gov ? info-details ? learn-about-the-ma...
The rule requires that the defendant make available to the Commonwealth's examiner, within 14 days of the examiner's appointment, three categories of information: (a) the defendant's mental-health records, broadly defined, that are possessed by defense counsel, (b) the defendant's medical records that are possessed by ...
A summons shall be served upon a witness by delivering a copy to him personally, by leaving it at his dwelling house or usual place of abode with some person of suitable age and discretion then residing therein, or by mailing it to the witness' last known address. Rule 17 - Summonses for Witnesses, Mass. R. Crim. P. 17 - Casetext casetext.com ? rule ? massachusetts-court-rules ? r... casetext.com ? rule ? massachusetts-court-rules ? r...
Under Rule 5(b), service may be made by mailing the paper to the party or attorney at his last known address; if no address is known, the paper may be left with the clerk of court. Prior Massachusetts practice made no provision in cases where the address was unknown. Civil Procedure Rule 5: Service and filing of pleadings and other papers mass.gov ? rules-of-civil-procedure ? civil-p... mass.gov ? rules-of-civil-procedure ? civil-p...
Subpoena. (a) Content. A subpoena must state the court's name and the title of the proceeding, include the seal of the court, and command the witness to attend and testify at the time and place the subpoena specifies.
Specific intent means that ?a defendant must not only have consciously intended to take certain actions, but that he also consciously intended certain consequences.? Commonwealth v. Gunter, 427 Mass. 259, 269, 692 N.E.2d 515, 523 (1998). 3120 Intent - Mass.gov mass.gov ? doc ? 3120-intent ? download mass.gov ? doc ? 3120-intent ? download