Fillable Trial Court of Massachusetts - Notice of a Hearing Regarding the Release of Records

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Trial Court of Massachusetts - Notice of a Hearing Regarding the Release of Records

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U.S.A. forms for Commonwealth of Massachusetts

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DOCKET NO.
CASE NAME
Commonwealth v.
NOTICE IS ISSUED TO:
COURT NAME & ADDRESS
third-party subject
keeper of records
Trial Court of Massachusetts
NOTICE OF A HEARING REGARDING THE RELEASE OF RECORDS
To:
1
name of third-party subject
address 1
address 2
city, state, zip code
name of keeper of records
address 1
address 2
city, state, zip code
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
(third-party subject) (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)
1
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.
AOTC 12/2007
THE COURT HAS ORDERED THE PROSECUTING ATTORNEY'S OFFICE TO NOTIFY YOU THAT A
HEARING ON THE ATTACHED MOTION HAS BEEN SCHEDULED FOR
in Courtroom
of the
Courthouse,
(date and time)
which is located at:
.
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 purposes 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.
THIS 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
If you have any questions about this notice, you may contact
(name of prosecutor or advocate)
at
at telephone number
.
(name of prosecuting office)
AOTC 12/2007
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Trial Court of Massachusetts - Notice of a Hearing Regarding the Release of Records

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Completed 20 May 2020

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