by admin | May 13, 2021 | Criminal Procedure, Massachusetts
(Applicable to Superior Court and jury sessions in District Court)(a) Opening and Closing Statements; Arguments.(1) Order of Presentation. The Commonwealth shall present its opening statement first. The defendant may present an opening statement of his defense after...
by admin | May 13, 2021 | Criminal Procedure, Massachusetts
(a) Essential Elements. Any stipulation to an essential element of a charged offense entered by the parties before or during trial shall be in writing and signed by the prosecutor, the defendant, and defense counsel. Any such stipulation shall be read to the jury...
by admin | May 13, 2021 | Criminal Procedure, Massachusetts
(Applicable to Superior Court and jury sessions in District Court)Exceptions to rulings or orders of the court are unnecessary and for all purposes for which an exception has heretofore been necessary, it is sufficient that a party, at the time the ruling or order of...
by admin | May 13, 2021 | Criminal Procedure, Massachusetts
(Applicable to District Court and Superior Court)Upon his own motion or the motion of either party, the judge may, prior to or during the examination of a witness, order any witness or witnesses other than the defendant to be excluded from the courtroom.Mass. R. Crim....
by admin | May 13, 2021 | Criminal Procedure, Massachusetts
(Applicable to Superior Court and jury sessions in District Court)(a) Motion for Appropriate Relief. Either party may challenge the array by a motion for appropriate relief pursuant to rule 13(c). A challenge to the array shall be made only on the ground that the...
by admin | May 13, 2021 | Criminal Procedure, Massachusetts
(Applicable to Superior Court and jury sessions in District Court)(a) General. Where the defendant has the right to be tried by a jury, the defendant may waive the right to be tried by a jury, provided that the judge determines after a colloquy that such waiver is...
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