NOTICE OF A HEARING REGARDING
THE RELEASE OF RECORDS
DOCKET NUMBER
CASE NAME:
NOTICE TO:
Trial Court of Massachusetts
The Superior Court
COURT NAME & ADDRESS
VS.
TO:
County
Clerk of Courts
third-party subject:
keeper of records:
name of third-party subject
name of keeper of the records
address
For use in criminal, youthful offender, or delinquency cases whenever a defendant seeks pretrial inspection of a third party's records that are likely to
be covered by a statutory privilege. Use a separate form for each keeper of records and each third-party subject.
address
addressaddress
city, state, zip code city, state, zip code
(third-party subject)
The defendant in this case has filed a motion with the Court to be allowed to inspect the records of
for the dates from to
(date range)
made by
(name and professional title of caregiver or other person/entity that created the records, if known
that are being held by
(name and address of keeper of records)
01/09/2019
At the hearing, the judge will decide if the records are privileged and if they are relevant to the case against the
defendant. Under the law, certain records (e.g., psychiatric or other counseling records) may be confidential, or "privileged."
The purpose of the hearing is to determine whether the judge will order the records to be sent to Court for the defendant's
lawyer to inspect. If the judge allows the defendant's motion, the Court will make privileged records available only to
defense counsel, pending further order of the Court, except for limited disclosures to support staff and to other attorneys for
purpose of consultation as described in the Protective Order that counsel will be required to sign before reviewing the
records.
If the records are privileged under the law, the Court will assume that you do not wish to give up (waive) any
privilege at this time, unless you provide (or have provided) a written waiver before or at the hearing. Your absence from
the hearing will not constitute a waiver of any privilege you may have under the law.
You have the right to attend the hearing. You can take part in the hearing yourself or you may (but need not) obtain
a lawyer to represent you. Victims have the right to talk to the prosecuting attorney before the hearing.
THE COURT HAS ORDERED THE PROSECUTING ATTORNEY'S OFFICE TO NOTIFY YOU THAT A HEARING ON THE
ATTACHED MOTION HAS BEEN SCHEDULED FOR
which is located at:
timedate
in courtroom of the
courthouse,
.
THE HEARING WILL BE YOUR ONLY OPPORTUNITY TO ADDRESS THE COURT REGARDING THE RELEASE OF
THESE RECORDS.
Date Signature of Assistant District Attorney/Assistant Attorney General
(name of prosecutor or advocate)
If you have any questions about this notice, you may contact
at at telephone number
.