Mass. Juv. Ct. R. 5

As amended through October 3, 2024

Rule 5 - Discovery

The Commonwealth shall disclose to the child and the child's attorney the specifics of the charges against the child and the evidence that will be presented against the child at the Wallace W. hearing. The Commonwealth shall provide this information or allow for the inspection and copying of such information no less than 7 days prior to the date of the Wallace W. hearing. As part of the disclosure the Commonwealth shall provide to the defense the following information within its possession, custody and control if relevant to the Wallace W. hearing:

(1) police report(s) relating to the case;

(2) names, addresses and dates of birth of the Commonwealth's prospective witnesses other than law enforcement witnesses;

(3) names and business addresses of prospective law enforcement witnesses; and

(4) any other relevant information as ordered by the court.

The child and the Commonwealth may move for discovery of other material and relevant evidence not required by this Rule prior to the Wallace W. hearing.

Mass. Juv. Ct. R. 5

Adopted June 22, 2022, effective 10/1/2022.

Note

The SJC determined that written notice and "some disclosure" to the child were required in the context of a Wallace W. hearing. See Nick N. at 710. The SJC wrote "[S]ome exchange of discovery is necessary to protect the juvenile's interest by providing the juvenile with an opportunity to mount an effective defense." See Nick N. at 710, 711.