Fillable Trial Court of Massachusetts - Protective Order for Prosecuting Attorney

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Trial Court of Massachusetts - Protective Order for Prosecuting Attorney

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PROTECTIVE ORDER FOR PROSECUTING
ATTORNEY
DOCKET NO.
Trial Court of Massachusetts
CASE NAME
Commonwealth v.
It is hereby ORDERED that the prosecutor who has signed this protective order and filed it with
the Clerk of Court in the above-captioned case be provided access to presumptively privileged
records subject to the following terms and conditions:
1. The prosecutor shall have access to presumptively privileged records solely in his or her capacity
as an officer of the Court. The prosecutor shall review any presumptively privileged records in the
Clerk’s office, or a space within the courthouse designated by the Clerk, during regular business
hours under arrangements to be made with the Clerk.
2. The prosecutor shall not copy, and shall not directly or indirectly disclose, disseminate, or
otherwise make available to any person, any of the presumptively privileged records, any portion
thereof, or any of their contents without prior application to and an order of the Court.
4. Presumptively privileged records reviewed pursuant to this Protective Order shall not be used for
any purpose other than the prosecution of the above-captioned case.
5. If the prosecutor believes that copying or disclosure of any presumptively privileged records, or
portions thereof, is necessary to prepare this case for trial, he or she may file a motion to modify this
Protective Order to permit copying of records or disclosure to specifically identified individuals. The
motion shall be accompanied by an affidavit, and notice shall be provided to all parties. If the Court
enters an order vacating or modifying any term of this Protective Order, counsel shall then be bound
by the terms of that Court order.
6. At the conclusion of the trial, direct appeal, or other disposition of the above-captioned case, the
signatory shall deliver to the Clerk of Court, under seal, any and all copies of any records produced
pursuant to any modified protective order or any other order of the Court. Notwithstanding the entry
of any order terminating the case, this Protective Order shall remain in effect unless terminated by
entry of a Court order.
7. The prohibitions against disclosure shall not apply to communications made under the following
circumstances:
(a) communications with any victim-witness advocate working with the prosecuting attorney in
this matter;
(b) communications with other prosecuting attorneys, provided that such communications are
(c) communications with counsel’s support staff, operating under counsel’s direction, for the
for the purpose of consultation in this matter; or
purpose of preparing pleadings and other documents in this matter.
AOTC. 12/2007
In making any of the above communications authorized by subparagraph (b) and (c), counsel shall,
insofar as possible, use a pseudonym in place of the true name of the person protected by the
privilege. Counsel will instruct any person receiving a communication pursuant to paragraph 7 of
the court-ordered confidentiality of the material disclosed.
The Court and any counsel shall report any violation of this order to the Board of Bar
Overseers. Violations may also be reported to the Court and/or Board of Bar Overseers by the
privilege holder, the keeper of records, and any other person who believes, in good faith, that the
terms of this Order have been violated.
Entered:
By the Court, ( , J.)
X
Signature of Justice
CERTIFICATION BY COUNSEL
I agree to be bound by the terms of this Protective Order.
SIGNED UNDER THE PAINS AND PENALTIES OF PERJURY.
Date:
Signature of Counsel:
x
BBO. No.:
Printed Name and Address of Counsel:
AOTC. 12/2007
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Trial Court of Massachusetts - Protective Order for Prosecuting Attorney

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Completed 20 May 2020

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