Fillable Pretrial Conference Report Jv 004re (Commonwealth of Massachusetts)

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Pretrial Conference Report Jv 004re (Commonwealth of Massachusetts)

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JV-004 (Rev. 09/19/2013)
PRETRIAL CONFERENCE REPORT
Mass.R.Crim.P. 11(a)(2)(A)
DOCKET NUMBER
Trial Court of Massachusetts
Juvenile Court Department
NAME OF CHILD/DEFENDANT
Commonwealth v.
DIVISION
(To be completed and signed by both parties and submitted to the court at the Pretrial Hearing unless child/defendant tenders a plea or admission)
A pretrial conference between the parties was conducted on , 20 , with the following result:
I. DISCOVERY
1. Automatic Discovery for the Child/Defendant. Pursuant to Mass.R.Crim.P. 14(a)(1)(A). The Commonwealth has disclosed to the
defense and the defense has been permitted to discover, inspect and copy: (in the Commonwealth's possession and control)
YES NO N/A
Written or recorded statements and the substance of any oral statements made by the child/defendant or any
co-defendant
Grand jury minutes, and the written or recorded statements of a person who testified before a grand jury
Facts of an exculpatory nature
The names, addresses, and dates of birth of the Commonwealth's prospective witnesses other than law enforcement
witnesses. (The Commonwealth shall also provide information to the Probation Department.)
Names and business addresses of prospective law enforcement witnesses
Intended expert opinion evidence, other than evidence that pertains to the child's/defendant's criminal responsibility
and is subject to Mass.R.Crim.P. 14(b)(2)
Material and relevant police reports, photographs, tangible objects, all intended exhibits
Reports of physical examinations of any person or of scientific tests or experiments
Statements of any person the Commonwealth intends to call as a witness
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 process
Any promises, rewards, or inducements made to any witness
2. Automatic Reciprocal Discovery for the Prosecution. Pursuant to Mass.R.Crim.P. 14(a)(1)(B). The defense has disclosed to the
prosecution and the prosecution has been permitted to discover, inspect, and copy the following intended for offer at trial:
YES NO
N/A (because the prosecution has not yet completed all automatic and court ordered discovery)
Intended expert opinion evidence, other than evidence that pertains to the child's/defendant's criminal responsibility
and is subject to Mass.R.Crim.P. 14(b)(2)
Material and relevant police reports, photographs, tangible objects, all intended exhibits
Reports of physical examinations of any person or of scientific tests or experiments
Any promises, rewards, or inducements made to any witness
Names, addresses, dates of birth, and statements of those persons the defendant intends to offer as witnesses at trial.
3. Unresolved Discovery Isssues. With respect to any discovery to which the parties are or may be entitled, automatically or by court
order, pursuant to Mass.R.Crim.P. 14 and which has not yet been provided:
________________________________________________________________________________________________
________________________________________________________________________________________________
The parties agree as follows: (list items and agreed upon date of delivery, inspection, etc.)
The defense is filing herewith the following motion(s) to compel discovery:
________________________________________________________________________________________________
________________________________________________________________________________________________
The prosecution is filing herewith the following motion(s) to compel discovery:
________________________________________________________________________________________________
________________________________________________________________________________________________
4. Certificate of Compliance. The undersigned acknowledge that each party must file a Certificate of Compliance when the party has
provided all discovery required by rule, agreement or court order, pursuant to Mass.R.Crim.P. 14(a)(3).
JV-004 (Rev. 09/19/2013)
5. Subsequently Discovered Material. The undersigned acknowledge their continuing duty regarding discovery pursuant to Mass.R.Crim.P.
14(a)(4).
II. OTHER PRETRIAL MATTERS
6. Notice of Alibi. See Mass.R.Crim.P. 14(b)(1). The Commonwealth hereby notifies the child/defendant that the time, date, and place of
the alleged offense was as follows:
If an alibi defense will be offered by the child/defendant, he/she agrees, if ordered by the judge, to notify the Commonwealth in writing on or
before , 20 of the place or places at which the child/defendant claims to have been at the time of the alleged
offense and the names, addresses and dates of birth of the child's/defendant's alibi witnesses or may here so state:
The Commonwealth agrees to notify the child/defendant in writing within seven days of service of the child's/defendant's alibi, of the names,
addresses and dates of birth on which it relies to establish the child's/defendant's presence at the scene of the alleged offense or otherwise to
rebut the child's/defendant's alibi defense.
_________________________________________________________________________
___________________________________________________________________________________________________
___________________ ______
___________________________________________________________________________________________________
___________________________________________________________________________________________________
7. Notice of Other Defenses. Mass.R.Crim.P. 14(b)(2),(3). If the child/defendant intends to rely upon the defense of lack of criminal
responsibility or upon a defense based upon a license, claim of authority or ownership, or exemption, defendant must notify the
Commonwealth within 21 days of the assignment of a trial date, or may here so state:
_____________________________________
___________________________________________________________________________________________________
8. Non-Discovery Motions. In addition to any discovery-related motions listed above, the following motions will be filed on matters upon
which the parties have not reached an agreement.
_______________________________________________________________
____________________________________________________________________________________________________
____________________________________________________________________________________________________
9. Stipulation of Facts:
____________________________________________________________________________________________________
____________________________________________________________________________________________________
____________________________________________________________________________________________________
10. Status of Child (if applicable). The child presently is in the custody of
_______________________________________________
11. Status of Case (Not Binding) Estimate length of trial: Proposed trial date(s)
No. of Witnesses: Prosecutor Defense Jury Jury Waived (Not Binding)
_____________ ___________________________
_______ _______ _______ _______
12. Interpreter. A interpreter is needed.
______________________________________________
13. Commonwealth to proceed by: Complaint Indictment Not yet determined
14. Certification. The undersigned certify that the above Pretrial Conference Report was agreed to on , 20 ,
and that each party is bound by this report. The report shall control the subsequent course of the proceedings.
Assistant District Attorney / Police Prosecutor Defense Counsel
Child/Defendant (required when waiving a constitutional right or when the
report contains stipulations as to material facts)
_______________________
_________________________________________ _________________________________________
_________________________________________
Parent or Guardian (if delinquency/youthful offender)
_________________________________________
(To be completed by Judge)
This report has been submitted in its entirety and accepted by the court.
This matter has been scheduled for a compliance hearing on , 20 .
This matter has been scheduled for trial on
, 20 .
JUSTICEDATE
_______________________________ __________
____________________________ _________________________________________
_______________________________ __________
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Completed 27 July 2020

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