Rule 42 – Clerical Mistakes

by | May 13, 2021 | Criminal Procedure, Massachusetts

(Applicable to District Court and Superior Court)Clerical mistakes in judgments, orders, or other parts of the record and errors therein arising from oversight or omission may be corrected by the court at any time of its own initiative or on the motion of any party...

Rule 40 – Proof of Official Records

by | May 13, 2021 | Criminal Procedure, Massachusetts

(Applicable to District Court and Superior Court)(a) Authentication.(1) Domestic. An official record kept within the Commonwealth, or an entry therein, when admissible for any purpose, may be evidenced by an official publication thereof or by a copy attested by the...

Rule 38 – Disability of Judge

by | May 13, 2021 | Criminal Procedure, Massachusetts

(Applicable to Superior Court and jury sessions in District Court)(a) During Trial. If by reason of death, sickness, or other disability the judge before whom a jury trial has commenced is unable to proceed with the trial, any other judge of that court or properly...

Rule 37 – Transfer of Cases

by | May 13, 2021 | Criminal Procedure, Massachusetts

(Applicable to District Court and Superior Court)(a) Transfer for Plea and Sentence.(1) District Court. A defendant against whom a complaint is pending and who appears in District Court, whether under arrest or pursuant to a summons, and against whom a complaint is...