Mass. R. Sup. Ct. 59

As amended through October 3, 2024
Rule 59 - Waiver of Indictment

(Applicable to criminal cases)

The form for an application to waive indictment under the provisions of G.L. Chapter 263, §4A shall be as follows:

COMMONWEALTH OF MASSACHUSETTS

__________ SS. __________ 20__

COMMONWEALTH

v.

APPLICATION TO WAIVE INDICTMENT

To the Honorable the Justices of the Superior Court:

Respectfully represents said defendant that on __________ 20__ he was

(committed)

( bound over )for trial in the Superior Court under the

( complained of )

G. L. c. 218 § 30 ) (_____ Court of ______

( ) Hon.__________, Trial

provisions ( G.L. c. 219 §20 ) by the (Justice

of ( ) (_______________________

( St.1934 c. 358) (District Attorney for the

( ) (_____________ District

upon a complaint numbered __________ of 20__ charging him with a crime not punishable by death; that he desires to waive indictment upon said charge and now applies for leave to waive such indictment and for prompt arraignment on such complaint.

___________________________

I hereby consent to the foregoing application.

___________________________

District Attorney for the _____ District.

Approved

By the Court _____ Clerk.

Mass. R. Sup. Ct. 59