![]() Upon a showing that substantial justice requires, the judge or special magistrate may permit a pretrial motion which has been heard and denied to be renewed. No motion to suppress evidence, other than evidence seized during a warrantless search, and no motion to dismiss may be filed unless accompanied by a memorandum of law, except when otherwise ordered by the judge or special magistrate. The judge or special magistrate may require the filing of a memorandum of law, in such form and within such time as he or she may direct, as a condition precedent to a hearing on a motion or interlocutory matter. For cause shown the requirements of this subdivision (3) may be waived by the court. Opposing affidavits shall be served not later than one day before the hearing. In addition, an affidavit detailing all facts relied upon in support of the motion and signed by a person with personal knowledge of the factual basis of the motion shall be attached.Ī copy of any pretrial motion and supporting affidavits shall be served on all parties or their attorneys pursuant to Rule 32 at the time the originals are filed. Grounds not stated which reasonably could have been known at the time a motion is filed shall be deemed to have been waived, but a judge for cause shown may grant relief from such waiver. If there are multiple charges, a motion filed pursuant to this rule shall specify the particular charge to which it applies. Pretrial motions shall be filed within the time allowed by subdivision (d) of this rule.Ī pretrial motion shall state the grounds on which it is based and shall include in separately numbered paragraphs all reasons, defenses, or objections then available, which shall be set forth with particularity. (1) Requirement of writing and signature waiverĪ pretrial motion shall be in writing and signed by the party making the motion or the attorney for that party. Rule 39: Records of foreign proceedings and notice of foreign law.Rule 35: Depositions to perpetuate testimony.Rule 33: Counsel for defendants indigent or indigent but able to contribute.Rule 31: Stay of execution relief pending review automatic expiration of stay.Rule 29: Revision or revocation of disposition.Rule 25: Motion required for finding of not guilty.Rule 24: Opening statements arguments instructions to jury.Rule 11: Pretrial conference and pretrial hearing.Rule 9: Joinder of offenses or defendants.Rule 7: Initial appearance and arraignment.Rule 6: Summons to appear arrest warrant.Rule 4: Form and contents of complaint or indictment amendment.Rule 3.1: Determination of probable cause for detention.Rule 3: Complaint and indictment waiver of indictment probable cause hearing.Rule 2: Purpose construction definition of terms.For the law library, Massachusetts Rules of Criminal Procedure
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