Fill and Sign the D Iv is Io N Form

PRETRIAL CONFERENCE REPORTMass.R.Crim.P.11(a)(2)(A) D O C KET N O (s). Trial Court of Massachusetts Juvenile Court Department Commonwealth vs. ______________________________ NAME OF CHILD/DEFENDANT DIVISION (To be completed and signed by both parties and submitted to the court at the Pretrial Hearing unless child/def endant tenders a plea or admission) A pretrial conference between the parties was conducted on ___________ __, 20 _____, with the following result: I. DISCOVERY 1. Automatic Discovery for the Child/Defendant. Pursuant to Mass.R.Crim.P. 14(a)(1)(A). The Commonwealth has disclosed to the defense and the defense has been permitted to discover, inspect and copy: YES NO N/A GGG Written or recorded statements and the substance of any oral statements made by the child/defendant or any co-defendant GGGGrand jury minutes, and the written or recorded statements of a person who testified before a grand jury GGGFacts of an exculpatory nature GGG The names, addresses, and dates of birth of the Commonwealth’s prospective witnesses other than law enforcement witnesses. (The Commonwealth shall also provide information to the Probation Department.) GGGNames and business addresses of prospective law enforcement witnesses GGGIntended expert opinion evidence, other than evidence that pertains to the child/defend ant’s criminal responsibility and is subject to Mass.R.Crim.P. 14(b)(2) GGGMaterial and relevant police reports, photographs, tangible objects, all intended exhibits GGGReports of physical examinations of any person or of scientific tests or experiments GGGStatements of any person the Commonwealth intends to call as a witness GGGSummary of identification procedures, and all statements made in the presence of or by an identifying witness that are relevant to the issue of identity or to the fairness or accuracy of the identification process GGGAny promises, rewards, or inducements made to any witness 2. Automatic Reciprocal Discovery for the Prosecution. Pursuant Mass.R.Crim.P. 14(a)(1)(B). The defense has disclosed to the prosecution and the prosecution has been permitted to discover, inspect, and copy the following intended for use at trial: YES NO N/A (because the prosecution has not yet completed all automatic reciprocal discovery) GGG Intended expert opinion evidence, other than evidence that pertains to the child/defend ant’s criminal responsibility and is subject to Mass.R.Crim.P. 14(b)(2) GGGMaterial and relevant police reports, photographs, tangible objects, all intended exhibits GGGReports of physical examinations of any person or of scientific tests or experiments GGGAny promises, rewards, or inducements made to any witness GGGNames, addresses, dates of birth, and statements of those persons the defendant intends to use as witnesses at trial 3. Unresolved Discovery Issues. With respect to any discovery to which the parties are or may be entitled, automatically or by court order. pursuant to Mass.R.Crim.P. 14 and which has not yet been provided: GThe parties agree as follows: (list items and agreed upon date of delivery, inspection, etc.) _________________________________________________________________________________________________ _________________________________________________________________________________________________ GThe defense is filing herewith the following motion(s) to compel discovery: ________________________________________________________________________________________________ ________________________________________________________________________________________________ GThe prosecution is filing herewith the following motion(s) to compel discovery: ________________________________________________________________________________________________ ________________________________________________________________________________________________ 4. Certificate of Compliance. The undersigned acknowledge that each party must file a Certificate of Compliance when the party has provided all discovery required by rule, agreement or court order, pursuant to Mass.R.Crim.P. 14(a)(3). 5. Subsequently Discovered Material. The undersigned acknowledge their continuing duty regarding discovery pursuant to Mass.R.Crim.P.14(a)(4). II. OTHER PRETRIAL MATTERS 6. Notice of Alibi. See Mass.R.Crim.P. 14(b)(1). The Commonwealth hereby notifies the child/defendant that the time, date, and place of the alleged offense was as follows: _______________________________________________________________ ______________________________________________________________________________________________________. Child/Defendant agrees, if an alibi defense will be offered, to notify the Commonwealth in writing on or before _______ ______, 20____ of the place or places at which the child/defendant claims to have been at the time of the alleged offense and the names, addresses and dates of birth of the child’s/defendant’s alibi witnesses or may here so state ______________________________ ______________________________________________________________________________________________________. The Commonwealth agrees to notify the child/defendant in writing within seven days o f service of the child’s/defendant’s alibi, of the names, addresses and dates of birth on which it relies to establish child’s/defendant’s presence at the scene of the alleged offense or otherwise to rebut child’s/defendant’s alibi defense. 7. Notice of Other Defenses. Mass.R.Crim.P. 14(b)(2),(3). If the child intends to rely upon the defense of lack of criminal responsibility or upon a defense based upon a license, claim of authority or ownership, or exemption, defendant must notify the Commonwealth within 21 days of the assignment of a trial date, or may here so state: __________________________________ ______________________________________________________________________________________________________ 8. Non-Discovery Motions. In addition to any discovery-related motions listed above, the following motions will be filed on matters upon which the parties have not reached an agreement. __________________________________________________________ _______________________________________________________________________________________________________ _______________________________________________________________________________________________________ _______________________________________________________________________________________________________ 9. Stipulations of Fact: _______________________________________________________________________________________________________ _______________________________________________________________________________________________________ _______________________________________________________________________________________________________ 10. Status of Child (if applicable). The child presently is in the custody of ____________________________________________ 11. Status of Case (Not Binding) Estimated length of trial: __________________ Proposed trial date(s) ___________________ No. of Witnesses: Prosecutor ______ Defense ______ Jury_______ Jury Waived _____ (Not Binding) 13. Interpreter. A ______________________ interpreter is needed. 13. Commonwealth to Proceed by: G Complaint G Indictment G Not yet determined 14. Certification . The undersigned certify that the above Pretrial Conference Report was agreed to on ________20_____, and that each party is bound by this report. This report shall control the subsequent course of the proceedings. __________________________________ ________________________________ A ssistant D istrict A ttorney D efense C ounsel Police Prosecutor ________________________________ Child/Defendant (re quired w hen w aiving a constitutional right or w hen the report con tains stipulations as to m aterial facts) _______________________________ Parent or G uardian (if delinquency/youthful offender) (To be completed by Judge) This report has been submitted in its entirety and accepted by the court. G This matter has been scheduled for a compliance hearing on ________________, 20_____. G This matter has been scheduled for trial on ____________, 20____ . ______________________ _______________________________________ DATE JUSTICE JV-4 (10/04)