DC CR-23 (8/21)

I. DISCOVERY AND NOTICEA pretrial conference between the parties was conducted on with the following results:

DIVISION:

MASSACHUSETTS TRIAL COURT DISTRICT COURT DEPARTMENT

DOCKET NO.

DEFENDANT NAME:

PRETRIAL CONFERENCE REPORT Mass. R. Crim. P. 11(a)(2)(A)

“Agreements set out in the written pretrial conference report are binding on all parties . . . [and] may be equivalent of a discovery order and thus subject to the trial judge's reasonably wide discretion to make such order as [they] deem just or to impose sanctions in the event of noncompliance with discovery orders under Mass. R. Crim. P. 14(c)(1) and (2).” Commonwealth v. Scalley, 17 Mass. App. Ct. 224, 230 n.8 (1983) (internal citations and quotation marks omitted). See also Mass. R. Crim. P. 11(a)(2)(A).

1. AUTOMATIC DISCOVERY FOR DEFENSE. Mass. R. Crim. P. 14(a)(1)(A).

All mandatory discovery shall be provided no later than 2. AUTOMATIC RECIPROCAL DISCOVERY FOR PROSECUTION. Mass. R. Crim. P. 14(a)(1)(B).

All reciprocal discovery shall be provided no later than 3. NOTICE OF LACK OF CRIMINAL RESPONSIBLITY DEFENSE. Mass. R. Crim. P. 14(b)(2). Defendant agrees, if a lack of

criminal responsibility defense will be offered, to notify the Commonwealth in writing on or before 4. NOTICE OF ALIBI. Mass. R. Crim. P. 14(b)(1): The Commonwealth hereby notifies the defendant that the time, date, and

place of the alleged offense was as follows:

Defendant agrees, if an alibi defense will be offered, to notify the Commonwealth in writing on or beforeof the place(s) at which the defendant claims to have been at the time of the alleged offense and the names, addresses and dates of birth of the defendant's alibi witnesses.

The Commonwealth agrees to notify the defendant in writing within 7 days of service of the defendant's notice of alibi, of the names and addresses of witnesses on whom it intends to rely to establish defendant's presence at the scene of the alleged offense or to rebut any of the defendant's alibi witnesses.Both parties acknowledge their continuing duty under Mass. R. Crim. P. 14(b)(1)(C) to disclose additional alibi witnesses.

5. NOTICE OF OTHER DEFENSES. Mass. R. Crim. P. 14(b)(3). If defendant intends to rely upon the defense based upon a license, claim of authority or ownership, or exemption, or parental discipline, defendant must notify the Commonwealth by

agrees to notify the Commonwealth in writing by 6. NOTICE OF FIRST AGGRESSOR SPECIFIC ACTS OF VIOLENCE EVIDENCE. Mass. R. Crim. P. 14(b)(4). Defendant

if the defendant intends to raise a

7. STIPULATION(S):

Defendant agrees to file with the court a written stipulation signed by the defendant and defense counsel in accordance withMass. R. Crim. P. 11(a)(2)(A) and Mass. R. Crim. P. 23 thirty (30) days prior to trial.

8. 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).

9. SUBSEQUENTLY DISCOVERED MATERIAL. The undersigned acknowledge their continuing duties regarding discovery pursuant to Mass. R. Crim. P. 14(a)(4).

claim of self defense and to introduce evidence of the alleged victim's specific acts of violence to support an allegation that they were the first aggressor. The notice shall include a brief description of each such act, together with the location and date to the extent practicable, and the names, addresses and dates of birth of the witnesses the defendant intends to call to provide evidence of each such act. A copy shall be filed with the clerk.The Commonwealth shall, within 30 days of service of notice by the defendant, notify the defendant in writing of any rebuttal evidence the Commonwealth intends to introduce, including a brief description of such evidence together with the names of the witnesses the Commonwealth intends to call, the addresses and dates of birth of other than law enforcement witnesses and the business address of law enforcement witnesses.

I. DISCOVERY AND NOTICE

DC CR-23 (8/21)

II. OTHER PRETRIAL MATTERS 10. UNRESOLVED DISCOVERY ISSUES including Mass. R. Crim. P. 17 motions.

11. NON-DISCOVERY MOTION(S).

12. CASE INFORMATION. (estimated) No. of witnesses: Prosecution: Defense: Length of Trial:

13. CASE INFORMATION. with Jury Jury waived (prepare jury waiver form for the Court)

14. CERTIFICATION. The undersigned certify that the information set forth above is accurate and complete as of the date of this Pretrial Conference Report. Pursuant to Mass. R. Crim. P. 11(a)(2)(A), any agreement between the parties set forth herein is binding and shall control the subsequent course of the proceedings.

Assistant District Attorney Defense Counsel Pro Se Defendant

III. COURT ORDERS(To be completed by Judge.) After hearing, the Court orders as follows:

The parties certify that there are no unresolved discovery issues and the matter is ready for trial assignment or trial. Motions to be heard on trial date and witness lists must be served on the opposing party and filed no later than four (4) weeks prior to trial.

Any balance of legal fee must be paid by: Trial Status Date: Trial Date:

Name or Signature of Judge Date

Date Court Order Judge Name