Rule 150 - Determination of Claims for Compensation of Victims of Violent Crimes(a) Filing of Claims. Claims for compensation of victims of violent crimes pursuant to G.L. c. 258A shall be brought in a district court in the judicial district where any one of the claimants lives. Such claims shall be set forth in plain and concise language on the form prescribed by the Chief Justice of the Municipal Court of the City of Boston for said court and the Chief Justice of the District Courts for all other district courts and shall be signed by the claimant, not by an attorney, provided that if the claimant is a minor or is incompetent, the claim shall be made and signed by his parent or guardian, and provided further that if the claimant is physically unable to fill out and sign the claim, these acts may be taken by a person in his behalf and this fact shall be indicated on the claim. Each claim shall be filed in the office of the Clerk of the court in person or by mail and shall be accompanied by an entry fee of five dollars ** or by an affidavit and waiver form requesting waiver of fee based on indigence under G.L. c. 261, s. 27A. Prescribed forms for such claim shall be available at each Clerk's office. The Clerk shall forward a copy of each claim and supporting documents, if any, to the Attorney General promptly upon their receipt and shall record the date of forwarding.
An attorney representing a claimant shall ffle an appearance with the court and notify the Attorney General upon the commencement of such representation. Whenever in this rule reference is made to the claimant, such reference shall be deemed to include claimant's parent or guardian if the claim is filed by such person, or claimant's attorney, if any, unless otherwise indicated.
(b) Motions for Late Filing. Leave to file a claim after the expiration of the time otherwise allowed by law shall be granted only upon motion and for good cause shown. A motion for leave to file late shall be in writing, shall state the grounds therefor, shall be required to be under the penalties of perjury and shall be filed in court. The Clerk shall promptly forward a copy of any such motion to the Attorney General upon receipt, and shall record the date of forwarding. Either party may request a hearing date for said motion and the Clerk shall give notice of such hearing to the claimant and the Attorney General at least seven days in advance of the hearing date. (c) Investigation. The Attorney General may serve upon any claimant, by certified mail, return receipt requested, written questions, not to exceed thirty in number, for the purpose of obtaining information necessary or appropriate to the investigation of a claim for compensation. Such questions shall be sent to the claimant within 20 days after the date the copy of claim is forwarded to the Attorney General by the Clerk. A copy of any questions served shall be filed forthwith with the court. Each question shall be answered by the claimant in writing unless objected to, in which event the reasons for the objection shall be stated in lieu of an answer. The claimant or guardian, as the case may be, and not his attorney, shall attest to the accuracy of his answers by signing the document on which they appear, under the penalties of perjury. Within 30 days after the date of receipt of such questions, the claimant shall mail the written answers and objections, if any, to such questions to the court, and shall mail a copy to the Attorney General. This 30-day time limit may be modified by written agreement between the claimant and the Attorney General filed in court, or by order of the court upon motion with notice, for good cause shown. The following statement shall appear on all sets of questions served by the Attorney General on a claimant pursuant to this rule: "Each question must be answered in writing. Within thirty days after you receive these questions you must mail your written answers to the court and mail a copy of those written answers to the Attorney GeneraL This 30-day time limit may be modified by a written agreement with the Attorney General, filed in court, or by order of the court, upon motion, for good cause shown. If you fail to send answers within the time allowed, your claim may be dismissed."
At any time after the expiration of five days following said 30-day period, or following said period as extended pursuant to this rule, the Attorney General may, if he has not then received answers from the court to such questions so served on the claimant, file an application for judgment of dismissal. A judgment of dismissal shall be entered by the Clerk in response to such an application if at the time it is received the answers in question are not on file at the court.
When a judgment of dismissal is entered, notice of the judgment shall be sent by the Clerk to the claimant and to the Attorney General. The claimant may challenge such a dismissal by ffiing with the court within 10 days from the date the notice of judgment was sent, a motion to reopen the case, with a copy of the motion mailed to the Attorney General. Such motions shall be granted only after hearing and for good cause shown.
(d) Report to the Court. At the conclusion of his investigation, the Attorney General shall prepare a report to the court recommending the amount of compensation, if any, to be awarded to the claimant and the reasons therefor. The Attorney General shall submit this report to the court within 90 days after receiving answers to questions served on the claimant. This period may be extended for up to 30 days on application of the Attorney General, without hearing, at the court's discretion. Simultaneous with sending the report to the court, the Attorney General shall mail a copy to the claimant. If no questions are sent to the claimant by the Attorney General, the Attorney General shall submit his report to the court within 60 days after receipt of the claim. (e) Agreement for Compensation. If the claimant agrees to the amount and form of compensation set forth in the report and such agreement is set forth in writing, signed by the claimant and his attorney, if any, and filed in court, the court, in its discretion, may proceed without hearing and order judgment in accordance with said agreement. (f) Hearings. Upon receiving the Attorney General's report, or upon the expiration of the time allowed for the filing of such report, the Clerk shall assign a date for hearing of the claim. The Clerk shall notify the claimant and the Attorney General of the hearing date at least seven days in advance thereof. The Attorney General shall notify the Clerk prior to the hearing date if an agreement for compensation has been reached with the claimant. Hearings shall be conducted in such manner as to accomplish the just and speedy determination of the claims involved. Rules of evidence, other than those pertaining to privileges of parties and witnesses, need not be observed in such hearings; evidence may be admitted and given probative effect only if, in the judgment of the court, it is the kind of evidence on which reasonable persons are accustomed to rely in the conduct of serious affairs. All proceedings hereunder shall be electronically recorded, subject to the availabifity and functioning of appropriate recording devices. (g) Judgment. Copies of the judgment ordered by the court after hearing shall be sent by the Clerk to the claimant and to the Attorney General. A certified copy of the judgment shall be sent to the Treasurer of the Commonwealth upon the expiration of 15 days from the date on which copies of the judgment are sent to the claimant and the Attorney General, provided that if an appeal is claimed pursuant to paragraph (h) of this rule, no copy of the judgment shall be sent to the Treasurer of the Commonwealth until the decision of the Appellate Division has been rendered. Upon entry of final judgment following such decision of the Appellate Division and any further proceedings which may be ordered therein, copies of the judgment in accord with such decision shall be sent to the claimant and to the Attorney General and a certified copy shall be sent to the Treasurer of the Commonwealth. (h) Appeals. Rulings of law may be appealed by claimants or by the Attorney General to the Appellate Division. Such appeals shall be made by filing a claim of appeal with the Clerk of the court where the claim was heard within 15 days after the date that notice of judgment is forwarded by the Clerk to the parties. Upon receipt of the claim of appeal the Clerk shall schedule a hearing on the matter and send notice of said hearing to the parties. At such hearing the court shall prepare a report setting forth the issues raised in the matter and the rulings upon which the party requesting the report seeks review. The judge shall sign the completed report and forward it and all papers on file in the case to the Appellate Division. The Appellate Division shall give preference to such appeals in the scheduling of its business and shall notify the claimant and the Attorney General of the hearing at least ten days in advance. Briefs may be filed by the claimant or by the Attorney General in support of or in opposition to the ruling appealed. Such briefs shall be filed with the court, and a copy sent to the opposing party, by mail or otherwise, no later than five days in advance of hearing.
(i) [Other Rules.] No other rules shall govern procedure for compensation of victims of violent crime under G.L. c. 258A. Mass. Dist. Ct. & Mun. Ct. R. 150
Amended May 1, 1978, effective 5/8/1978.