Mass. Dist. Ct. & Mun. Ct. R. 5

As amended through October 3, 2024

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 non-compliance;

(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).

Mass. Dist. Ct. & Mun. Ct. R. 5

Adopted November 3, 1995, effective 1/1/1996.