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District/Municipal Court Criminal Rule 5: Hearing Date for Discovery Compliance and Jury Waiver Election

In those cases in the District Court wherein a discoverable item is not produced or is not deemed waived at the pretrial hearing and the court issues a discovery order, a subsequent court hearing shall be scheduled at the request of the party seeking discovery to ensure compliance with such order. In those cases in the Boston Municipal Court wherein a discoverable item is not produced or is not deemed waived at the pretrial hearing and the court issues a discovery order, a subsequent hearing may be scheduled by the court. If required, said hearing in the District Court or Boston Municipal Court shall be scheduled for a date on or after the compliance date and shall be limited to the following court actions:

(1) determining discovery compliance and, if necessary, ordering appropriate sanctions for noncompliance;

(2) receiving and acting on a tender of plea or admission in accordance with Rule 4(c) ; and

(3) obtaining defendant’s decision on waiver of the right to jury and scheduling the trial date or trial assignment date, as required by Rule 4(e)

(From http://www.mass.gov/courts/case-legal-res/rules-of-court/district-muni/criminal/distcrim5.html)

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