Mass. Juv. Ct. R. 6
The Wallace W. hearing shall be conducted by a judge on the record. The child shall be entitled to the appointment of counsel. The Commonwealth shall be required to present evidence to support a finding of beyond a reasonable doubt that the minor misdemeanor is not the child's first offense. The child is entitled to be heard in opposition and may cross examine witnesses and present evidence. All testimony shall be taken under oath. The scope of the inquiry shall be limited to the issue of whether there is proof beyond a reasonable doubt that the minor misdemeanor charged against the child is not the child's first offense.
If the judge determines that the Commonwealth has met the burden and proven beyond a reasonable doubt that the minor misdemeanor is not the child's first offense, then the case shall proceed to arraignment. The arraignment may be held forthwith or may be scheduled to be held within 7 days from the issuance of the judge's decision.
If the judge determines that the Commonwealth failed to prove beyond a reasonable doubt that the minor misdemeanor is not the child's first offense, the judge shall dismiss the charge for lack of jurisdiction and the complaint shall be dismissed.
Nothing in this rule precludes a judge from making a reasonable doubt determination based solely on the child's record and other documents presented to the court and without the need for witnesses. See Nick N. at 707, 708. "'[P]apers alone' could theoretically be sufficient to prove a prior offense beyond a reasonable doubt...In proving a case on 'papers alone,' the indicia of reliability of such hearsay evidence must be substantial..." See Nick N., at 707.
Mass. Juv. Ct. R. 6
Note
The clerk-magistrate shall docket the court's finding and any other orders issued by the court using the appropriate docket codes approved by the Administrative Office of the Juvenile Court. A child is not entitled to hearing before a jury to prove a first offense. See Nick N. at 707, FN 10.