Current through 2024-51, December 18, 2024
Section 649-103-8 - HEARINGS1. Defense counsel should attend and prepare for all hearings.2. Defense counsel should prepare and make all appropriate motions and evidentiary objections. A. Defense counsel must file motions and evidentiary objections in advance of the hearing whenever possible.B. Defense counsel must file briefs in support of motions when necessary.C. Defense counsel must always be aware of preserving issues for appeal.3. Defense counsel should present and cross-examine witnesses, prepare and present exhibits. A. Defense counsel must prepare witnesses in advance of hearings.B. Defense counsel must prepare cross examination of opposing witnessesC. Defense counsel must organize documents, photos and all other potential exhibits before hearing.D. Defense counsel must be aware of potential evidentiary issues regarding admissibility of testimony and exhibits.4. Defense counsel should request the opportunity to make opening and closing arguments.5. If requested by the court or necessary to protect the client's interests, Defense counsel should prepare proposed findings of fact, conclusions of law and orders.94- 649 C.M.R. ch. 103, § 8