Massachusetts District Attorneys Association the massachusetts prosecutors’ manual: domestic violence & sexual assault

6.3.MOTIONS REGARDING DISCOVERY

6.3.1.Notice to Defense to Provide Automatic Reciprocal Discovery

COMMONWEALTH OF MASSACHUSETTS
____________, SS _____________COURT DEPARTMENT

NO. ________

COMMONWEALTH

V.
_______________________________________

COMMONWEALTH’S NOTICE TO DEFENSE OF ITS OBLIGATION TO PROVIDE AUTOMATIC RECIPROCAL DISCOVERY

The Commonwealth filed its Certificate of Compliance, pursuant to Mass. R. Crim. P. 14 (a) (3), on _______________. In accordance with Mass. R. Crim. P. 14 (a)(1)(B), the Commonwealth gives notice that the defense is now required automatically to produce to the Commonwealth for inspection and or/copying within thirty days the following material and information:

1. 
   All books, papers, documents, photographs, tangible objects, or portions thereof, which are material and relevant to the above indictments or which the defendant intends to rely upon or introduce at trial (whether in the case-in-chief or in cross examination or in any other part of the trial).
   
2. 
   All intended exhibits, reports of physical examinations of any person or of scientific tests or experiments.
   
3. 
   The names, addresses, and dates of birth of those persons whom the defendant intends to call as witnesses at trial.
   
4. 
   Any and all statements of those persons who are potential witnesses for the Commonwealth or the defendant at trial, including statements obtained by investigators of the defendant, (whether the statements are intended to be used in the case-in-chief or in cross examination or in any other part of the trial).
   
5. 
   Any and all notes, reports, and/or written statements of defense investigators relating to interviews of potential witnesses.
   
6. 
   Written notice of whether the defendant intends to utilize an expert witness which shall include:
   

(i) the name, address and place of employment of the expert witness;

(ii) the curriculum vitae of the expert witness;

(iii) any written reports or statements of the expert witness including any documentation of the basis of the witness’ opinion and any examination of the victim;

(iv) the substance of the expert witness’ testimony;

(v) any books, journals, articles or written material upon which the expert witness intends to rely;

(vi) any physical evidence on which the expert witness bases the opinion.

7. Disclosure of all promises, rewards or inducements made to witnesses the defendant intends to present at trial.

Failure to provide automatic reciprocal discovery may subject the defendant and/or defense counsel to sanctions including court costs, a continuance for the Commonwealth, depositions of defense witnesses, and preclusion of evidence at trial. See Mass. R. Crim. P. 14(c) (1)-(2); Mass. R. Crim. P. 10 (a) - (c).

For the Commonwealth,

_______________________

DISTRICT ATTORNEY

by: _____________________
Dated: _________________

6.3.2.Certificate of Compliance

COMMONWEALTH OF MASSACHUSETTS
__________, SS.    _________________COURT

NO. _______________

COMMONWEALTH

 

V.

 

__________________________

 _______________________________________________________________________

COMMONWEALTH’S CERTIFICATE OF COMPLIANCE 

________________________________________________________________________ 

 

Pursuant to Mass. R. Crim. P. 14 (a) (3), the Commonwealth, to the best of its knowledge and after reasonable inquiry, has disclosed and made available all items subject to discovery at this time, under Mass. R. Crim. P. 14 (a) (1) (A). Specifically, the Commonwealth has provided the defense the following:

• 
  written or recorded statements, and the substance of any oral statements, made by the defendant.
  

• 
  names, addresses, and/or dates of birth of the Commonwealth’s prospective witnesses, other than law enforcement witnesses;
  

• 
  names and business addresses of prospective law enforcement witnesses;
  

• 
  facts of an exculpatory nature;
  

• 
  material and relevant police reports, photographs, tangible objects, all intended exhibits, reports of physical examinations of any person or of scientific tests or experiments, and statements of persons the Commonwealth intends to call as witnesses; (Note: The Commonwealth has informed the defense that some of these items are available for inspection.)
  

• 
  summary of identification procedures, and all statements made in the presence of or by an identifying witness that are relevant to the issue of identity or to the fairness or accuracy of the identification procedures;
  

• 
  disclosure of all promises, rewards or inducements made to witnesses the Commonwealth intends to present at trial;
  

Specifically, the Commonwealth has provided the defense with: ________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________

For the Commonwealth,

___________________________

DISTRICT ATTORNEY

by: ________________________

____________________________

Assistant District Attorney

____________________________

____________________________

____________________________
Dated: ______________________

6.3.3.Motion for Reciprocal Discovery of Material and Relevant Evidence

COMMONWEALTH OF MASSACHUSETTS
__________, SS.    _________________COURT

NO. _______________

COMMONWEALTH

 

V.

 

__________________________

 _____________________________________________________________________________________

COMMONWEALTH’S MOTION FOR RECIPROCAL DISCOVERY OF MATERIAL AND RELEVANT EVIDENCE

________________________________________________________________________ 
The Commonwealth filed its Certificate of Compliance, pursuant to Mass. R. Crim. P. 14 (a) (3), on _______________. In accordance with Mass. R. Crim. P. 14 (a)(2), the Commonwealth moves that the defendant produce for inspection and or/copying within thirty days the following material and information:

1. 
   The results or reports of physical or mental examinations by any person, including potential expert
   

witnesses, or scientific tests or experiments, or medical records, within the possession, custody or control of the defendant or persons under his direction and control, which are material and relevant to the above indictments or which the defendant intends to rely upon or introduce at trial (whether in the case-in-chief or in cross examination or in any other part of the trial).

2. 
   Written notice of intention to offer evidence regarding prior and/or subsequent sexual conduct of the
   

alleged victim pursuant to G. L. c. 233, § 21B.

3. 
   Written notice of any defense of lack of criminal responsibility due to mental disease or defect (or of
   

any defense of diminished capacity), or of any defense regarding the issue of the voluntariness of the defendant’s confession, which shall state:

(i) whether the defendant intends to offer testimony of expert witnesses on the issue of lack of criminal responsibility because of mental disease or defect, or diminished capacity, or the voluntariness of the defendant’s confession;

(ii) the names and addresses of any expert witnesses whom the defendant intends to call at trial;

(iii) whether those expert witnesses intend to rely, in whole or in part, upon statements of the defendant as to his mental condition at the time of the alleged crimes or as to his criminal responsibility for the alleged crimes, or his state of mind at the time of the confession;

(iv) any written reports or statements of expert witness concerning the mental condition of the defendant; and

(v) the curriculum vitae of the expert witness.

4. . Written notice of any alibi defense with regard to any of the alleged dates of offense.

5. Written notice of whether the defendant intends to utilize an expert witness which shall include:

(i) the name, address and place of employment of the expert witness;

(ii) the curriculum vitae of the expert witness;

(iii) any written reports or statements of the expert witness including any documentation of the basis of the witness’ opinion and any examination of the victim;

(iv) the substance of the expert witness’ testimony;

(v) any books, journals, articles or written material upon which the expert witness intends to rely;

(vi) any physical evidence upon which the expert witness bases his or her opinion.

In addition, the Commonwealth requests that the defendant provide the following:

­­­­­­­­________________________________;

________________________________;

________________________________.

For the Commonwealth,

___________________________

DISTRICT ATTORNEY

by: ________________________

____________________________

Assistant District Attorney

____________________________

____________________________

____________________________
Dated: ______________________

6.3.4.Motion for Protective Order

COMMONWEALTH OF MASSACHUSETTS
____________, SS _____________COURT DEPARTMENT

NO. ________

COMMONWEALTH

V.
_______________________________________

COMMONWEALTH’S MOTION FOR A PROTECTIVE ORDER

Now comes the Commonwealth in the referenced case and respectfully moves, pursuant to Mass. R. Crim. P. 14 (a) (6), that the Court order discovery or inspection of the following be denied:

___Witness’s name

___Witness’s address

___Witness’s phone number

___Witness’s date of birth

___Witness’s social security number

___Witness’s workplace information (name, address, phone number)

___Witness’s or witness’s child(ren) school, daycare, babysitter information

___Witness’s health [HIV status, etc], medical, or mental health information